You’ve spent time recovering and coping with an injury only to have a car accident aggravate it and cause pain all over again. This situation is unfortunately far too common. The injury is suddenly back at the forefront of your life, and you’re making doctor visits, coping with pain, and possibly undergoing more surgery. You may be wondering if you can be compensated for the aggravation of your injury. You should consult with an experienced personal injury attorney to learn about your rights.
Can I Make a Claim for Aggravation of My Pre-existing Injury?
If you suffered injuries in a car accident that someone else caused, you have the right to file a claim. Filing a claim is how you receive compensation for medical bills, lost wages, and pain and suffering. The same holds true if an accident aggravates a pre-existing injury. You cannot receive compensation for injuries that you had prior to the accident, but you may be eligible to the degree the injury was aggravated or made worse.
Frequently, it is a neck or back injury that is aggravated. What was once healed may be rebroken, damaged, or strained. It is possible that you may require further surgery or therapy to attempt a recovery. An aggravated pre-existing injury can mean mounting medical bills, lost time from work, and other unexpected expenses.
If you are making a claim that your pre-existing injury was aggravated, then it is important to have thorough medical documentation of your condition before the car accident and your condition after the accident. In any accident, the injured party will be questioned about their general health condition and any previous injuries. Your attorney, with the help of medical records and medical experts, will have to prove the extent to which your pre-existing injury was aggravated and that your condition after the accident is worse than it was before the accident.
Don’t Be Discouraged
You shouldn’t feel discouraged from pursuing compensation for injuries even if you have a pre-existing injury. If you are an injury victim who has received regular treatment, then you will likely have extensive medical records to prove your condition before the accident. Detailed records of any previous injuries are a key factor in establishing a successful personal injury claim.
Contact an Experienced Personal Injury Attorney
If your pre-existing injury has been aggravated due to someone’s negligence, you should have your case evaluated by an experienced personal injury attorney. Gregg Goldfarb has been helping accident victims for over 25 years. Contact us online or call us at 305-374-7000 to schedule a free consultation.