Can Pre-Existing Injuries Ruin Your Chances of Damages in a Car Accident?

A lot of people who get into car accidents have pre-existing medical issues. They may have a bad back due to an accident that occurred years prior. Or, they may have suffered some kind of trauma when they were younger. For some reason, people think that having pre-existing injuries can preclude your ability to recover in a car accident. It makes sense to have this concern. One of the first thing the insurance company will do is check to see if you had any pre-existing conditions.

A pre-existing condition is an injury or medical issue that existed prior to your Fayetteville car accident. The question is going to be – did the current car accident make your injuries worse? Or, did you suffer completely different injuries than the ones you had before?

If you’ve been involved in a car accident, you should call an experienced car accident lawyer in Fayetteville, Georgia. They can review your case and help you prove that you were indeed injured in the crash. They’ll also fight to get you the compensation you deserve.

What are Common Pre-Existing Injuries?

Most people don’t make it to age of 30 or 40 without suffering some kind of physical injury. It could have been from playing sports in high school. Or, maybe you were in a car accident years before and hurt your back.

Any sort of prior physical injury can be used as an excuse for the insurance company to deny your claim. Some of these may include:

  • Back injuries – If you have spine or disc issues prior to the car accident, there is a chance they you can aggravate these injuries. The impact of the crash may cause one of your discs to become herniated again. Or, if you have spinal stenosis, you may end up with greater damage than someone without no back issues.
  • Knee Injuries – If you had an old knee injury from doing construction or playing sports, you may reinjure it in your Fayetteville car crash. If this is the case, your attorney will have to prove that your injuries were aggravated due to your accident.
  • Brain injuries – If you’ve suffered a traumatic brain injury in the past, there is a chance that you can reinjure it if you get into a car wreck. Your doctor can testify as to whether the current accident worsened your condition.

There’s a chance that your prior injuries can be aggravated or reinjured in your car accident. But, there’s also a good chance that your new injuries have nothing to do with your pre-existing condition.

The Insurance Company May Deny Your Claim

When you submit your accident claim to the insurance company, they’re going to request copies of your medical records. Typically, they’ll go back about ten (10) years. They’ll check to see if you suffered any physical injuries prior to your Georgia car accident.

This is why it’s important that you be honest with your Fayetteville car accident attorney. They’ll ask if you had any pre-existing condition. You don’t want to lie. The insurance company is going to know if you had prior injuries. If you don’t reveal them, the insurance company will attack your credibility.

Your lawyer needs to prepare your case. If they don’t know about prior issues, they’ll be blindsided by the defense. You don’t want to put them in this kind of position. It’ll only hurt your case. In fact, it may prevent you from collecting any damages at all.

Having Prior Injuries May Increase Your Damages

Having a pre-existing condition lower your car accident claim. However, it can also increase it. If you suffered new injuries because you have a pre-existing condition, you’ll have to be compensated for it.

For example, let’s say you were in an accident five (5) years ago and hurt your back. The current crash involved a driver who was going 25 miles above the speed limit. The impact causes you to suffer severe back injuries.

Your injuries may be worse because of your pre-existing condition. You’ll still be entitled to collect damages. Your Fayetteville auto accident attorney is going to fight to get you as much money as possible.

Contact an Experienced Car Accident Lawyer Today

If you’ve been injured in a car crash, you may need to call an experienced car accident lawyer in Fayetteville at Wade Law today. They can review your case and let you know what it may be worth. They can also answer any questions you may have.

Schedule your initial consultation today. It’s absolutely free and you pay nothing until you settle your case.

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