What Happens if a Car Accident Aggravates a Pre-Existing Injury?
Our Nashville attorneys won’t let insurance companies undermine your claim
A car accident is bad enough, but if you already have a pre-existing injury, it can make things even worse. The sudden impact of a crash can trigger intense pain, limit mobility, and create complications you never had before. But while you’re struggling to recover, the insurance company may try to use your prior condition against you.
If your accident aggravated an old injury, it’s important to know how to prove your condition got worse, how to handle the insurance battle, and what steps to take to protect your rights. Don’t let the system work against you. Read on to learn how to fight back.
What is a pre-existing injury?
A pre-existing injury is any medical condition or prior injury that existed before a car accident. Many people have some form of previous injury or chronic condition, especially as they age. These injuries may not have caused daily pain or limited mobility before, but a car accident can make them worse.
Some of the most common pre-existing conditions that can be aggravated in a crash include:
- Back and neck injuries: Previous herniated discs, spinal stenosis, or chronic back pain can worsen with the force of a car accident.
- Joint injuries: Conditions such as arthritis, prior surgeries, or torn ligaments in the knees, shoulders, or hips can become more painful.
- Head injuries: A past concussion or traumatic brain injury can lead to worsened cognitive issues after another impact.
- Soft tissue damage: Old muscle sprains, strains, or scar tissue can become inflamed and cause increased discomfort.
- Psychological conditions: A history of anxiety, PTSD, or depression may be triggered or intensified by the trauma of a crash.
How can a car accident make a pre-existing injury worse?
A sudden impact can put extreme pressure on vulnerable areas of the body. Even if the collision is relatively minor, the force exerted on an already compromised joint, spine, or muscle can lead to severe pain and complications.
Some common ways that a crash can aggravate an existing condition include:
- Whiplash worsening a prior neck injury: If you’ve had neck pain before, a sudden jolt can lead to more severe inflammation, nerve damage, or chronic pain.
- A herniated disc worsening due to spinal compression: A crash can push already fragile discs further out of alignment, which can lead to intense pain and potential nerve issues.
- Knee or shoulder injuries becoming more severe: If you had a prior surgery or joint issue, the force of a car accident can strain the area and lead to increased weakness or mobility loss.
- Head injuries causing cognitive decline: A second head injury, even a mild one, can worsen memory problems, headaches, or emotional distress.
Why is medical documentation important if a car accident aggravates a pre-existing injury?
If a car accident makes a pre-existing injury worse, medical documentation becomes one of the most important pieces of evidence to prove the extent of the damage. Insurance companies will look for any reason to argue that your condition wasn’t actually affected by the crash, and without clear medical records, they may try to downplay or even deny your claim.
That’s why seeking immediate medical attention is important. It creates a clear timeline and helps establish that the accident directly contributed to your worsening condition. When you see a doctor, be upfront about your medical history. Let them know about any prior injuries so they can compare your condition before and after the car accident.
X-rays, MRIs, and CT scans can provide concrete proof of changes in your injury, which makes it harder for insurance companies to dispute your claim. Following your doctor’s treatment plan is just as important.
Sticking to recommended physical therapy, medications, and follow-up visits helps with your recovery and shows that you’re taking your health seriously. The more detailed and consistent your medical records, the stronger your case will be when seeking fair compensation.
How does the “eggshell plaintiff” rule protect injury victims?
Under personal injury law, the “eggshell plaintiff“ rule states that an at-fault driver is responsible for the full extent of injuries caused by a crash, even if the victim was more vulnerable due to a pre-existing condition. In other words, just because someone was more susceptible to injury doesn’t mean they should receive less compensation.
For example, if a driver rear-ends someone with a previous neck injury, they’re responsible for the worsening of that condition. The fact that the victim already had some pain doesn’t reduce the liability of the driver who caused the crash.
This legal principle ensures that people with prior injuries receive the same protection as those without pre-existing conditions. However, proving that the car accident aggravated an injury requires strong medical evidence and a well-documented case.
How do insurance companies handle claims involving pre-existing injuries?
Insurance companies often try to reduce or deny car accident claims involving pre-existing conditions. Their goal is to argue that the injury was not made worse by the crash, but rather was part of an ongoing medical issue unrelated to the car accident.
Some common tactics insurers use include:
- Blaming the injury on a prior condition: They may claim that your symptoms are the natural progression of an old injury rather than a result of the crash.
- Requesting extensive medical records: They may ask for years of medical history in an attempt to find reasons to deny your claim.
- Offering a low settlement or denying the claim altogether: Without strong evidence, they may argue that you do not deserve compensation.
To counter these tactics, work with an experienced Tennessee car accident lawyer who understands how to present medical evidence and negotiate with insurance adjusters.
What compensation can I recover for an aggravated pre-existing injury?
If a car accident worsens a pre-existing condition, you may be entitled to compensation for:
- Medical expenses: This includes past, present, and future costs related to your treatment, such as doctor visits, surgeries, and therapy.
- Lost wages: If the aggravated injury affects your ability to work, you can seek compensation for lost income.
- Pain and suffering: Increased physical pain, emotional distress, and reduced quality of life are all factors in determining damages.
- Rehabilitation and long-term care: If your condition now requires extended therapy or home care, you can pursue compensation for those expenses.
Nashville lawyers who will fight to prove your case
If you aggravated a pre-existing condition in a car accident, don’t let the insurance companies use their tactics against you. The Law Office of Eric Beasley understands how these cases work, and we know how to prove that your car accident made your condition worse. For more than 25 years, attorney Eric Beasley has fought for injured people throughout Tennessee.
Whether through tough negotiations or taking your case to court, he is ready to fight for the compensation you need to cover medical expenses, lost wages, and the pain and suffering caused by someone else’s negligence.
Our Nashville law firm offers free consultations, so you can get the answers you need without any financial risk. And because we work on a contingency fee basis, you pay nothing unless we win your case. Serving Nashville, Goodlettsville, and communities throughout Middle Tennessee, we are ready to stand up for you. Contact us today to schedule your free consultation.
“I cannot say enough nice things about Mr. Beasley and his staff. They made me feel at ease with Constant Communication and caring Compassion. I highly recommend Mr. Beasley Law Office.” – R.O., ⭐⭐⭐⭐⭐
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