For most victims of Maryland car accidents, the focus is on the injuries they suffered in the current incident. The physical pain is immediate and consuming. Under the circumstances, you may overlook the possibility that the violent impact could have aggravated pre-existing injuries. Whether you sustained them years or months earlier, your recovery is much more complicated if you have pre-existing conditions. As is your claim for damages. You can expect the other driver’s insurance company to deny payment on the grounds that the policyholder is not responsible for your prior injuries.
There are strategies for fighting the insurer’s assertions, however, and an experienced Maryland auto accident attorney can assist you with your case. Read on for some information on pre-existing medical conditions in car crash claims.
Pre-Existing Conditions Car Accident Victims May Reinjure
When you have suffered an injury in the past, being involved in an auto crash may exacerbate it into a far worse medical condition. A few examples of common pre-existing ailments that can be aggravated through the violent impact of a collision include:
- Back Issues: Anyone suffering from chronic back problems could develop debilitating pain as a result of a car accident. Many neck and spine issues that would be manageable under normal circumstances become much more excruciating.
- Head Injury: If you experienced a traumatic brain injury, concussion, or other trauma in the past, re-injury is a serious matter. Every subsequent blow to the head could mean further damage to the brain.
- Broken Bones: When you fracture a bone, it usually never fully heals to the point that it is as if the break did not happen. There may be tiny hairline cracks that represent weak points in the bone. Weeks, months, or years later, you could suffer another broken bone. Often worse the second time around.
Pre-Existing Medical Conditions and Your Injury Claim
Fortunately, you still have rights as a victim if you exacerbate an injury or ailment that plagued you in the past. The responsible driver, through his or her insurance company, should be liable for aggravating a pre-existing condition. Because you are in a worse position as compared to if the crash never happened.
As a general rule, you cannot recover compensation for medical treatment or pain that you were experienced before the car accident. You CAN receive monetary damages for losses directly related to the second injury. Still, when you file a claim under such circumstances, the insurance company will likely try to tie your new injury to your pre-existing injury. So they avoid paying you for your losses.
Contact a Baltimore County, MD Car Accident Lawyer to Discuss Your Rights
Your overall recovery could be delayed for months when you aggravate pre-existing injuries in a car accident. Some victims never fully return to health. As such, you need a skilled attorney who will fight to get the full amount of monetary damages for your losses. To learn how we can help with your auto crash claim, please contact attorney Michael A. Freedman. We can set up a free consultation to review your circumstances and get started with the claims process.