Suffering an automobile accident itself is quite traumatic and it becomes much more daunting when the victim of the accident has to undergo a daunting question and answer session with very little to rely upon. Burdened upon this is the amount of paperwork what needs to be done that too when the victim is injured and in significant amount of pain. This situation can become even more complicated when the victim has a preexisting condition. This can be illustrated by an example of a person with a known diagnosis of lumbar disc herniation which is known to cause low back pain. With appropriate treatment and diligent followups the pain seems to be in remission and the person is able to lead a normal work and personal life but when that person meets with an automobile accident, the back pain that was being managed previously gets aggravated. In this case, to the utter surprise of the victim the insurance company of the driver at fault in this case refuses to pay anything even though realizing that it was not the fault of the victim. This is because the victim had a Preexisting Condition of a Disc Herniation. It is well known that the insurance company takes as much advantage as they can of a preexisting condition of the victim even though their client’s negligence in accident may have resulted in deterioration in the condition of the victim. The insurance companies start looking for any prior injuries that the victim might have suffered so as to deny any claims and hence even though not being at fault and suffering from the pain of the injury the victim has to suffer. Hence there are a few things that you should be aware of, especially if you have a Preexisting Condition which has been aggravated by an automobile accident. The rule of law states that the driver who is responsible for the accident is solely responsible for any injuries caused to the victim at the time of accident and is NOT responsible for any injuries that were NOT caused by the accident hence it can be stated that if a victim of an accident who has suffered an injury which has exacerbated a Preexisting Condition has to bear the cost of the expensive treatment for no fault of the victim.


What to Do if Accident Aggravated Your Preexisting Condition?


Why Is It Important To Contact A Lawyer If An Accident Has Aggravated Your Preexisting Condition?

Now the question arises what should be done in cases where a Preexisting Injury has been aggravated by a recent automobile accident. Even though the law is pretty upfront but still there are ways to get claim for injuries sustained during the accident. This is where personal injury attorneys or accident attorney comes into play. It is up to the attorney to make sure that the appropriate evidence of how this accident has aggravated the preexisting condition is presented in front of the judge. It is not easy and depends on the experience and expertise of your personal injury attorneys to present a picture which shows how you were before the accident and how you have been affected by it now. Thus it becomes very important that you consult a good personal injury attorney. Turning the case in your favor will require credible evidence in the form of documents in the form of medical records documenting how severe was your condition prior to the accident and how the current accident has negatively impacted your condition and your activities of daily living. Thus it is important to consult an experienced attorney who has significant amount of experience in settling accident injury claims for people who have had a Preexisting Injury.


What To Do After An Accident?

In you believe that your Preexisting Condition has been worsened after you have been involved in a motor vehicle accident then the first thing you should do is to go to your physician and get treated for the condition. Here it is important to note that it would be better if you visit the same physician who treated your condition previously. Thus, you will have credible and documented evidence that your Preexisting Injury was exacerbated by the current motor vehicle accident. Proving deterioration in your Preexisting condition post a motor vehicle accident may take quite a long time but you should make sure that you follow up with your physician diligently so that it is on record that you have been getting appropriate treatments. In such scenarios, the most vital documents are the imaging studies in the form of CT scan or an MRI scan which will clearly show difference in the condition prior to and after the accident.

What To Do After An Accident?

Will The Impact On Activities Of Daily Living And Functional Limitations Caused Due To Accident Matter?

The answer to this is yes. Apart from the documented changes which can be easily visualized on radiological studies in the form of CT or MRI scan or x-ray reports, it is also necessary to document how the activities of daily living and functional limitations were impacted by worsening of the Preexisting Condition after the Motor Vehicle Accident. For example, if you were an avid golfer prior to the accident and post accident you are not able to participate in golf the way you were can be a credible evidence to support your claim, as the physician will clearly ask you to avoid such activities due to worsening of your condition. Also, a work report suggesting that prior to the accident despite having a Preexisting Condition you rarely missed any day at work, post the accident you have been missing work quite often due to pain and other impairments can also turn the case in your favor.

In summary, if you have a Preexisting Condition which has been aggravated by a recent motor vehicle accident then the first thing that you should do is to start treatment with your regular doctor and gather documented evidence which can prove to the honorable judge that you have clinically and symptomatically deteriorated post the automobile accident because of an aggravation of a Preexisting Condition. You will also need to hire an experienced personal injury attorney or an accident attorney to help you out with the claims by presenting the case in a way which will lead to a favorable outcome for you. You will also need to follow up diligently with your physician, which will help you to collect evidence and tilt the case in your favor despite having a Preexisting Condition.

Also Read:

Pramod Kerkar

Written, Edited or Reviewed By:


Pain Assist Inc.

Last Modified On: January 29, 2019

This article does not provide medical advice. See disclaimer


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