Is My Pre-Existing Injury Covered After a Car Accident?

Dealing with a car accident is difficult enough. Yet, the ordeal is significantly more stressful when you discover an old injury has been aggravated. This is a frustrating development that raises an important question: Is it possible to recover compensation for the worsening pre-existing medical condition? Please continue reading as we explore what you need to know about how aggravating a pre-existing injury can affect your personal injury claim in New Jersey and how a knowledgeable Morris County Car Accident Attorney can help protect your rights. 

What’s the Difference Between “Aggravated” and “Exacerbated” in the Context of Personal Injury Claims?

First and foremost, it’s crucial to understand that in New Jersey personal injury cases, an accident can make a pre-existing injury worse. The terms “aggravated” and “exacerbated” are used to specify the different levels of this worsening. The key distinctions include: 

• Aggravated: This happens when a collision causes a pre-existing injury to become permanently worse or more restrictive, typically requiring additional medical care.
• Exacerbated: This refers to a temporary worsening of an injury that doesn’t lead to lasting damage or limitations. 

Understanding the difference here is crucial for determining what kind of payout is appropriate. You should also note that the “Eggshell Skull” rule safeguards victims with pre-existing conditions. 

How Do Insurance Companies Handle Pre-Existing Injuries?

If a pre-existing condition is aggravated by a car accident, seeking damages is still possible. However, insurance companies will vigorously dispute your claim, so strong evidence is essential. 

Insurance companies often attempt to reduce the value of or outright deny claims involving the worsening of a pre-existing condition, typically asserting that the accident did not cause your current medical issues. Their standard approach involves claiming the injury was already present, maintaining that no new harm was sustained, minimizing the extent to which the pre-existing condition was aggravated, and demanding a comprehensive review of your past medical records. 

What Should You Do Immediately After the Accident?

To strengthen your claim, you must take the right steps. It’s crucial to be completely transparent about your past medical conditions. You must inform your physician of any prior injuries because honesty builds credibility, and concealing information could ultimately undermine your case. 

Furthermore, it’s vital to seek immediate medical attention. Prompt treatment serves to document the aggravation of your pre-existing condition, whereas any delay could potentially weaken your claim. You should always adhere strictly to all recommendations given by your medical provider. 

It’s important to be aware of common mistakes that could jeopardize your position. A major eeor is downplaying your symptoms. Failing to report increased pain or missing follow-up care reduces the evidence needed to prove the exacerbation of your injury. Disregarding medicl advise, such as skipping scheduled appointments or physical therapy, is equally harmful to your case. Incomplete documentation for your treatment can also reduce your compensation. 

At Lutz Injury Law, we are prepared to handle insurance negotiations and fight for the compensation you deserve. Reach out to our legal team today to schedule a consultation.