Not every car accident victim comes into an accident with a perfectly healthy body. Many individuals have some type of injury, whether it’s serious or minor. These injuries can include things like knee pain, back pain, or shoulder injuries. However, having a pre-existing injury will not necessarily derail your car accident claim.
If you sustained new injuries as the result of a car accident, then you can pursue compensation for these injuries even if you had other pre-existing injuries. Testimony of a medical expert and your medical records can establish which injuries directly resulted from the accident and which were pre-existing.
Aggravation of Pre-existing Injuries
You will not be entitled to compensation for any injuries that you sustained prior to the car accident. However, you may be entitled to damages for the degree to which any of your pre-existing injuries have been exacerbated or aggravated by the accident. Aggravation of a pre-existing injury means that your injury was made worse by the car accident. Examples of injuries that may be aggravated include:
- Neck injuries
- Knee injuries
- Back injuries
- Spinal cord injuries
- Head injuries
- Prior bone fractures
- Shoulder injuries
If your pre-existing injury has been aggravated as the result of a car accident, then you may be entitled to compensation for any degree to which the injury was aggravated. You will most likely not be compensated for the entire extent of the injury. If you require additional medical treatment as a result of this injury aggravation, you may pursue compensation for that further treatment. For example, if you were taking pain medication for shoulder pain, but because of the accident, you now require shoulder surgery, you may be able to secure compensation for that further treatment. Establishing the aggravation of a pre-existing injury requires medical examinations to compare the injury pre and post-accident and an extensive review of a patient’s medical records.
Contact an Experienced Personal Injury Attorney
If you’ve been injured in a car accident, you may want an experienced car accident attorney on your side. At Bonina & Bonina, P.C., we have 50 years of experience representing New Yorkers injured in car accidents. Contact us online or call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se habla español.