If you already had a bad back, getting rear-ended was the last thing you needed. Pre-existing conditions like these can oftentimes be aggravated by a car accident.
But you may feel confused about whether an amplified injury counts as a new injury — even though it certainly feels like a new injury. Here are a few tips for those who’ve had a condition worsen after an accident.
Does a pre-existing condition discredit the impact of my injury?
Even when an accident just made a previous injury worse, you're still entitled to compensation if the incident happened at the hands of a negligent driver.
However, it can be tricky to prove that it was the accident to worsen your condition and how much worse it became.
Is it risky to disclose that I was struggling before the accident?
It’s riskier not to disclose your pre-existing condition than to keep quiet about it. If evidence is presented that you have been dishonest about your condition prior to the accident, your claim could be discredited.
How can I prove that the accident worsened by condition?
If you had been diagnosed with arthritis well before the accident but had not experienced that same amount of inflammation as after the accident, a doctor may be able to point out how the accident caused your worsened condition.
The key to these claims is in your medical records. If you have a regular doctor, it’s important to consult with this person about your condition after the accident. Make sure to revisit the same doctor if your condition worsens.
What’s the best strategy for my case?
The best strategy to prove an aggravated injury varies depending on the details of the case. Further, the legal actions you can take depend greatly on the type of insurance you have and the extent of your injury. An attorney can help you determine the best course of action based on the unique circumstances of your situation.
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