Dealing with a personal injury claim can be challenging, especially when it involves a pre-existing neck injury. Understanding the nuances of how a pre-existing condition affects your claim is crucial for seeking fair compensation. This injury can be from an automobile accident or a car accident, even leading to a traumatic brain injury in more severe cases.
However, it is still applicable for a personal injury settlement in most cases. Pre-existing neck injuries can also be catastrophic for accident victims, and personal injury attorneys in Las Vegas and other states can help guide them in such cases. However, it’s still crucial to educate yourself.
In this guide, we will explore what a pre-existing condition is, the “Eggshell Skull” rule, the challenges associated with pre-existing injuries in accident settlements, and how you can increase your chances of a favorable settlement.
What Is a Pre-Existing Condition?
A pre-existing condition is any medical condition that existed before the current injury or accident. This can include chronic illnesses, previous injuries, or any other ongoing health issues.
In the context of a personal injury claim, a pre-existing neck injury might involve conditions like degenerative disc disease, prior neck injuries, or chronic neck pain.
Insurance companies often scrutinize pre-existing conditions closely, making it essential to understand how they might impact your personal injury claim.
The “Eggshell Skull” Rule
The “Eggshell Skull” rule is a legal doctrine that states a defendant must take the plaintiff as they find them, meaning the defendant is liable for all injuries caused, even if the injuries are more severe due to a pre-existing condition.
In personal injury law, this rule is critical because it protects individuals with pre-existing conditions. For example, if an accident exacerbates a pre-existing neck injury, the defendant is still responsible for the full extent of the injury, regardless of the plaintiff’s prior condition.
Challenges of Pre-Existing Injuries in Accident Settlements
- Proving the Extent of Aggravation: One of the most significant challenges is demonstrating how much the accident exacerbated your pre-existing neck injury. Insurance companies may argue that your current pain and medical issues stem from your prior condition rather than the accident.
- Medical Records: Detailed medical records are crucial in pre-existing neck injury settlements. They help establish your medical history and the extent of your pre-existing injuries, which is vital for your personal injury claim.
- Insurance Company Tactics: Insurance companies might use your pre-existing condition to minimize your settlement. They may argue that your current injuries are not as severe or are unrelated to the accident.
Can I Receive Compensation for Pre-Existing Conditions After an Accident?
Yes, you can receive compensation if an accident aggravates a pre-existing condition. The key is proving that the accident exacerbated your pre-existing neck injury. This is where comprehensive medical evidence and expert testimonies play a crucial role.
Your personal injury lawyer will work with medical experts to establish a clear link between the accident and the worsening of your condition.
What Kind of Compensation Can I Expect in a Pre-Existing Neck Injury Settlement?
If you look up the average settlement for a car accident and neck injury, you might be surprised by the settlement amount.
However, the compensation you can expect depends on various factors, including the severity of your injury, the degree of aggravation, and the impact on your life. Common forms of compensation in these personal injury cases include:
Medical Expenses:
Coverage for medical bills related to the aggravation of your pre-existing neck injury, including future medical costs.
Lost Wages:
Compensation for income lost due to the inability to work.
Pain and Suffering:
Damages for physical pain and emotional distress caused by the exacerbation of your injury.
Rehabilitation Costs:
Coverage for physical therapy and other rehabilitation services.
How a Pre-Existing Condition Could Affect Your Injury Settlement
A pre-existing condition can complicate your personal injury case, but doesn’t necessarily diminish your right to compensation. The impact largely depends on the following:
Severity of the Pre-Existing Condition:
The more severe your prior injury, the harder it may be to distinguish between the pre-existing condition and the new injury.
Quality of Medical Evidence:
Detailed medical records and expert testimony are critical. They help prove that the accident exacerbated your pre-existing condition.
Insurance Company’s Approach:
Insurance companies might argue that your current pain and medical issues are primarily due to your pre-existing condition. A skilled personal injury attorney can counter these arguments effectively.
How to Increase Your Chances of a Pre-Existing Neck Injury Settlement
Seek Immediate Medical Treatment:
After the accident, seek prompt medical attention. This ensures that your injuries are documented from the outset.
Maintain Detailed Medical Records:
Keep comprehensive records of your medical history, including treatments and diagnoses related to your pre-existing neck injury.
Hire an Experienced Personal Injury Attorney:
An experienced personal injury attorney can navigate the complexities of your case, gather necessary evidence, and counteract insurance company tactics.
Gather Evidence:
Collect all evidence related to the accident, including witness statements, police reports, and photographs.
Stay Consistent:
Ensure your medical and accident reports are consistent. Inconsistencies can be exploited by the defense to weaken your claim.
Are There Any Advantages to Having a Pre-Existing Injury in an Insurance Dispute?
While it may seem counterintuitive, there can be advantages to having a pre-existing injury in an insurance dispute:
- Established Medical History: A well-documented medical history can make it easier to prove the extent of aggravation caused by the accident.
- Eggshell Plaintiff Rule: The eggshell plaintiff rule ensures that you are protected and can seek full compensation for the exacerbation of your pre-existing condition.
Case Study: A Successful Pre-Existing Neck Injury Settlement
Consider the case of John, who had a history of neck pain due to a previous car accident. After a slip and fall accident, his neck pain worsened significantly. Despite the insurance company’s attempt to attribute his pain to the pre-existing injury, John’s personal injury attorney presented detailed medical records and expert testimony proving the aggravation. John received compensation for his medical bills, lost wages, and pain and suffering, illustrating how thorough documentation and skilled legal representation can lead to a successful settlement.
How an Attorney Can Help You in a Pre-Existing Neck Injury Settlement
Dealing with a pre-existing neck injury settlement can be daunting, but an experienced personal injury attorney can provide invaluable assistance. Here are several ways an attorney can help you in such cases:
- Expert Legal Guidance: A personal injury attorney provides specialized legal advice tailored to your case, navigating the complexities of personal injury law, especially concerning pre-existing conditions.
- Comprehensive Case Evaluation: Attorneys conduct a thorough review of your case, analyzing medical records, accident reports, and other documents to assess the strength of your claim and determine the best legal strategy.
- Gathering Evidence: They collect crucial evidence such as medical records, witness statements, and expert testimonies to build a compelling case demonstrating how the accident aggravated your pre-existing neck injury.
- Proving Aggravation of Pre-Existing Condition: Attorneys work with medical experts to establish a clear connection between the accident and the exacerbation of your pre-existing condition, crucial for proving liability and securing fair compensation.
- Dealing with Insurance Companies: They handle all communication and negotiations with insurance companies, ensuring your rights are protected and advocating for a fair settlement that reflects the true extent of your injuries.
- Negotiating a Fair Settlement: Attorneys leverage their negotiation skills and knowledge of personal injury law to achieve the best possible settlement on your behalf, aiming to cover medical expenses, lost wages, and pain and suffering.
- Litigation Support: If necessary, attorneys provide representation in court, presenting a compelling case to a judge and jury to seek the compensation that accident victims deserve for the aggravation of a pre-existing neck injury.
- Managing Legal Deadlines: They manage all legal deadlines and paperwork, ensuring that your case progresses smoothly and is not jeopardized by missed deadlines or procedural errors.
- Advising on Settlement Offers: Attorneys evaluate settlement offers from insurance companies to ensure they accurately reflect the full extent of your damages, advising whether to accept or negotiate for a better offer.
Wrapping It Up
Dealing with a pre-existing neck injury settlement requires a strategic approach, detailed medical documentation, and skilled legal representation. While pre-existing conditions can complicate personal injury claims, understanding your rights and the legal protections available to you can significantly enhance your chances of receiving fair compensation.
Discover Your Path to Fair Compensation with BLG
If you’ve suffered an exacerbation of a pre-existing neck injury due to an accident, consulting with an experienced personal injury attorney is crucial. They can guide you through the complexities of your case and help you seek the compensation you deserve.
Are you struggling with a pre-existing neck injury aggravated by an accident? Our experienced neck and spinal cord attorneys at BLG are here to help you navigate your personal injury claim and secure the compensation you deserve.
Contact us today for a free consultation.
1-800-870-8910