Being involved in a car accident is traumatic enough. But what happens if you have a pre-existing medical condition? Can the accident worsen it? Will it complicate your injury claim? As a personal injury attorney, Scot Kraeuter understands the complexities of these situations. Let’s delve into how pre-existing conditions can impact your car accident case and what you need to know.
Understanding Pre-Existing Conditions and Car Accidents
A pre-existing condition is any health issue you had before the car accident. This could range from arthritis and back problems to previous injuries and chronic illnesses. The crucial question is: did the accident aggravate or exacerbate your pre-existing condition?
How Pre-Existing Conditions Can Affect Your Claim
Insurance companies often try to minimize payouts by arguing that your current pain and suffering are solely due to your pre-existing condition, not the accident. This is where having a skilled attorney like Scot Kraeuter becomes essential. He can help you:
- Establish Causation: Proving that the accident directly caused the aggravation of your pre-existing condition is crucial. This requires thorough medical documentation and expert testimony.
- Differentiate Between Old and New Injuries: A skilled lawyer can help clearly distinguish between the pain and limitations you experienced before the accident and the increased pain and limitations you experience now.
- Negotiate Fair Compensation: Insurance companies aim to settle for less. An experienced attorney can negotiate a fair settlement that accounts for the exacerbation of your pre-existing condition.
- Build a Strong Case: Detailed medical records, witness testimonies, and expert opinions are vital to building a compelling case.
Key Steps to Take If You Have a Pre-Existing Condition:
- Seek Immediate Medical Attention: Document all injuries and pain, even if they seem minor.
- Be Honest with Your Doctor: Disclose your pre-existing condition and explain how the accident has impacted it.
- Gather Medical Records: Collect all medical records related to your pre-existing condition and post-accident treatment.
- Consult with a Qualified Attorney: An experienced personal injury attorney, like Scot Kraeuter, can guide you through the complexities of your case.
- Keep Detailed Records: Maintain a journal of your pain levels, limitations, and any changes in your condition.
The “Eggshell Skull” Rule
The “eggshell skull” rule is a legal principle stating that a defendant is liable for all damages caused by their negligence, even if the plaintiff had a pre-existing condition that made them more susceptible to injury. In simpler terms, the at-fault driver is responsible for the full extent of your injuries, regardless of your pre-existing vulnerability.
Why Choose Scot Kraeuter?
Scot Kraeuter understands the challenges of dealing with insurance companies and the nuances of personal injury law. He has a proven track record of helping clients with pre-existing conditions obtain the compensation they deserve. His compassionate approach and dedication to his clients set him apart.
Disclaimer: This article provides general information and should not be considered medical or legal advice. Always consult with a qualified healthcare professional for diagnosis and treatment of any medical condition and with an experienced attorney for legal advice.