A personal injury claim may involve aggravation of a pre-existing injury. Even if there are no other injuries, the pre-existing injury aggravation can be the basis of a claim.
Claims involving pre-existing conditions can be challenging. You must show the extent of aggravation and must prove that the aggravation is the result of the defendant’s negligence or other wrongful conduct.
Experienced Greenville personal injury lawyer Bobby Jones explains personal injury claims involving the aggravation of a pre-existing injury.
What Is Considered a Pre-existing Condition in Personal Injury Law?
A pre-existing condition is a medical injury, condition, or problem that a victim has prior to a personal injury occurring. A pre-existing condition may be a traumatic injury or a medical condition.
How South Carolina Law Treats Aggravation of Pre-existing Injuries
You CAN receive compensation for a personal injury, even if you have a pre-existing condition.
Many people have some kind of medical issue or impairment. In South Carolina, a person responsible for a personal injury takes the victim as they find them. Even if another person may not have been hurt to the same extent in the same situation, the party responsible must compensate the victim for the damages payable under the law.
How a pre-existing condition matters
A pre-existing injury doesn’t prevent an injured person from receiving compensation, but the pre-existing injury is part of the compensation calculation. Compensation reflects the extent to which the injury worsens because of the incident or accident.
The person responsible for the personal injury didn’t cause the underlying condition. They only caused the aggravation. For this reason, the law requires the person responsible to compensate the victim only to the extent that the injury was made worse. Compensation may be for economic and non-economic damages.
Proving That a New Accident Worsened an Old Injury
An important part of a personal injury claim that involves aggravation of an old injury is proving the cause of the worsening condition. The defense may say the injury was worsening before the incident. They may argue there is no proof that the defendant was the cause of the worsening injury.
The person bringing the claim and seeking compensation must prove the cause of the worsening injury. This may be done with accident reconstruction experts, who explain the events of the accident. Medical professionals can also connect the events to the victim’s injuries.
The exact evidence needed will vary from case to case.
Medical Evidence Needed To Support Your Claim
Medical evidence may show:
- A worsening medical condition
- The need for additional treatment
- Slower healing time
- Increased pain levels
- New complications
- Additional physical limitations
- Shortened life expectancy
- Changes in medication or assistive devices
- Needed surgery
There are many ways that a pre-existing condition can worsen because of a new injury. Medical evidence may include:
- Imaging and other diagnostic testing
- Physical evaluations
- Opinions of medical experts
- Medical records documenting care and treatment
- Information about the person’s condition before the accident
- Photographs of injuries
- Employment records
- Journal of pain, limitations, treatment, and improvement
- Comparison of medical evidence before and after injury
In addition, the person may offer their testimony to explain pain levels and ways their life has changed. Other people who are around the defendant may also testify as to their observations.
How Insurance Companies Try To Deny or Devalue These Claims
Insurance companies profit when they deny or devalue claims. Common tactics include:
- Claiming there is no additional injury
- Saying there is a different cause for the worsening condition
- Asking for invasive or embarrassing medical evidence
- Downplaying the injury or condition in general
- Challenging the legal steps to admit expert and medical testimony
- Failing to respond to inquiries or settlement negotiations
- Hoping you’ll miss the deadline to file a claim
- Blaming you through comparative negligence
- Making procedural issues difficult or long
Bobby Jones Law is an experienced car accident law firm. We know how insurance companies try to devalue claims involving aggravation of a pre-existing injury. We’re ready to fight back, taking the steps needed to advance your case.
The Role of Expert Testimony in Aggravated Injury Cases
Expert testimony often plays an important role in a personal injury case. This is especially true when the claim involves aggravation of a pre-existing injury.
Having the injured person testify to their own experience is insufficient. Instead, the injured person must have experts. An expert must have sufficient training and experience to speak to the specific issues.
The expert can testify to the person’s condition before and after the accident based on examination of the person or a review of medical records. They may explain how the accident likely caused injuries. In addition, they may explain the extent of aggravation, pain, and suffering, and what treatment is needed because of harm from the accident.
There are steps to follow to admit expert testimony, including pretrial disclosures and standards for admissibility.
What is an aggravation of a pre-existing condition settlement?
A settlement resolves a legal claim. A pre-existing injury settlement is an agreement by the parties to resolve a case. The parties agree on the amount of compensation, the way it will be paid, and other terms of payment. When there is a resolution by agreement, there is no trial.
Settlements are generally the result of diligent case preparation and strategic negotiations. An experienced lawyer assists you by evaluating the case value and building a strong claim. They pursue a legal strategy. Case building puts you in a position to effectively negotiate a settlement.
It is a choice whether to resolve a claim by settlement or go to trial, and most cases resolve by settlement. A lawyer can advise you of things to consider as you take steps in your case.
Contact an Experienced Personal Injury Lawyer
Bobby Jones Law is an experienced personal injury lawyer. We represent people with personal injury claims, including cases with aggravation of a pre-existing condition. Let us represent your interests and aggressively pursue your compensation. Call or message us now.
