Pre-existing conditions affect car accident claims because they are often exacerbated by a collision. The party responsible for your accident is not liable for your pre-existing condition but may prove liable for significantly aggravating it. A Los Angeles personal injury attorney at Salamati Law can help clients with pre-existing conditions receive the compensation they deserve for their injuries. Contact us today for a free consultation.
Car Accidents and Pre-Existing Conditions
Pre-existing conditions affected by car accidents often refer to skeletal and soft tissue injuries. For instance, the impact of a car accident may make a pre-existing back or neck injury much worse. Concussions are traumatic brain injuries, and every TBI experienced over an individual’s lifetime further damages the brain. However, diseases may come into play. For example, if the victim is a hemophiliac, someone whose blood does not clot normally, even a minor laceration could result in profuse bleeding.
Previously broken bones fractured after a car accident may require surgery and result in more significant pain and extended rehabilitation. In addition, older people are especially vulnerable when bones break more than once, as the healing process takes longer. Whiplash, a neck injury caused when the head moves back and forth quickly, is another injury that a subsequent car accident can worsen.
Pre-existing conditions may also refer to psychological issues. The car accident may cause the victim’s PTSD or other mental health problems to resurface.
Eggshell Plaintiffs and Establishing Aggravation of Pre-existing Conditions
In California, plaintiffs with pre-existing medical or psychological conditions are “eggshell plaintiffs.” It means that the injuries they suffer due to another party’s negligence are worse than those of someone without a pre-existing medical condition. A car accident attorney can establish that the accident aggravated your pre-existing condition which involves undergoing a series of diagnostic tests, which may include:
- X-rays
- MRIs
- CAT scans
- Ultrasounds
These post-accident tests are compared to your medical records before the collision. Your lawyer may also bring expert witnesses to testify and bolster your claim.
As with any personal injury lawsuit, the lawyer must prove that the defendant caused the accident due to negligence or recklessness. Such proof may involve reviewing evidence such as police reports, surveillance videos, eyewitness accounts and investigating the accident scene.
Damages
Damages, or compensation, for a car accident aggravating pre-existing conditions may include:
- Medical expenses, current, and future
- Lost wages
- Lost future earnings
- Pain and suffering
- Property damage
Contact a Los Angeles Car Accident Lawyer
If you or someone you know has a pre-existing condition made worse due to the negligence of another driver, you need the services of an experienced car accident attorney in Los Angeles at Salamati Law. Contact us today to schedule a free, no-obligation consultation and case evaluation. Because we work on a contingency basis, you pay no fee unless you receive compensation. Hablamos Español.
