Pre-Existing Conditions and Car Accidents in North Carolina

After a car accident someone else caused in North Carolina, you can recover compensation not just for new injuries but for the worsening of any pre-existing injuries. The key is to link the aggravation of your condition through medical documentation from both before and after the wreck. A knowledgeable car accident lawyer can handle the process of gathering the right documents, preparing a strong claim on your behalf, and demanding the compensation you deserve.

What Are Pre-Existing Conditions?

A pre-existing condition is a health issue you had before a specific event, like a car crash. Pre-existing conditions can include a wide range of medical problems, from chronic illnesses like diabetes or heart disease to previous injuries like broken bones or back injuries. Even conditions that you might consider insignificant, like mild arthritis or previous sports injuries, count as pre-existing conditions in the eyes of insurance companies and the courts.

However, if you’re in a car accident, your pre-existing conditions don’t prevent you from claiming compensation if the accident worsens them. North Carolina law recognizes that collisions can make these conditions more severe and gives you the right to seek compensation for the additional harm you suffered. You can only receive compensation for the aggravation of your pre-existing injury, though, not the original condition or injury.

Understanding what qualifies as a pre-existing medical condition allows you to communicate more effectively with doctors and attorneys and to include all relevant information when you seek compensation. This clarity is necessary for a thorough claim, as you’ll need to show how the accident impacted your pre-existing condition to receive the appropriate compensation.

How Can a Pre-Existing Condition Affect My Car Accident Injury Claim?

While you can pursue compensation for an aggravation of your pre-existing condition, you should also be aware of how insurance companies might react to your claim. Insurance companies often scrutinize car accident claims involving pre-existing conditions more closely. They might:

• Claim your injury was not caused by the accident – The adjuster could argue that your injuries are solely related to your pre-existing condition and not the crash.
• Reduce your compensation – They might acknowledge that your condition worsened but claim the change is minor, which could reduce the amount of compensation they offer.
• Dismiss your claim – In some cases, they might try to deny your claim entirely, arguing that they don’t owe you any compensation because the collision didn’t cause any new injuries.

The best way to counter these tactics is to get thorough and up-to-date medical documentation and work with a personal injury lawyer who can strengthen your case and negotiate effectively with insurers.

What Is the Eggshell Skull Rule, and How Does It Apply to Car Accident Cases?

The eggshell skull rule is a legal principle that applies to personal injury cases, including those involving car accidents. It states that a person who causes an accident is responsible for all injuries resulting from it. This is true even if the injured person had a pre-existing condition that made them more likely to suffer severe injury.

For instance, suppose someone with a fragile skull sustains a severe head injury in a collision when someone with a “normal” skull wouldn’t have suffered such serious harm. In that case, the person who caused the crash is still responsible for the head injury, no matter how unexpected. This means if you have a pre-existing condition and a car accident makes it worse, the other party is liable for the worsening of your condition.

How Can I Protect My Right to Compensation for an Aggravation of a Pre-Existing Condition?

You can seek compensation for the worsening of your pre-existing conditions after a North Carolina car accident, though it will be difficult. The insurance company will look for any reason to deny or minimize your claim. Here are the steps you should take to protect your rights and lay a solid foundation for your personal injury claim after the crash:

• Consult a doctor – See a doctor immediately after the accident. They can assess whether your pre-existing condition has worsened and provide critical documentation for your claim.
• Gather medical history – Collect all your medical records that show your condition before and after the accident to demonstrate how the accident has changed your health status.
• Hire an attorney – An experienced injury attorney can identify and gather useful evidence for your claim and advocate for the compensation you are due.

How Can a Lawyer Help Prove the Collision Aggravated My Pre-Existing Injury?

To prove that a car accident aggravated your pre-existing injury, your attorney will typically start by gathering all your past medical records. These records will show the state of your health before the crash to provide a baseline for comparison against your current condition.

Next, your lawyer will obtain your post-accident medical records and evaluations demonstrating how the collision impacted your pre-existing injury. For example, if you had a previous back injury, your lawyer will look for medical opinions that detail how the crash worsened your back pain or mobility.

Your lawyer might also bring in medical experts to explain your condition to the court or insurance adjusters. These experts can testify about the nature of your pre-existing injury and how the accident aggravated your symptoms or worsened your prognosis.

Finally, your lawyer will use the information they gathered to argue that the aggravation of your injury directly resulted from the collision. This presentation can establish the necessary links between the crash and the worsening of your condition so you can claim fair compensation.

Contact a North Carolina Car Accident Lawyer

Was your pre-existing injury aggravated in a car accident? The Law Offices of John Drew Warlick, P.A. can help you demand fair compensation, even if other parties try to hold your earlier injuries against you.

Our firm has three generations with decades of experience serving injury victims in North Carolina. We have recovered millions for our deserving clients, including $3.2 million for a fatal car wreck. Former clients say we “made a bad situation as painless as possible!”

Contact us today for a free consultation to discuss your situation and how we can pursue the financial recovery you need.

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