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Can You File a Car Crash Claim for Aggravation of a Preexisting Condition?

stethoscope next to clipboard with preexisting condition written on itThe goal of most car accident claims is to secure compensation for injuries caused by the crash. However, sometimes crash victims already have medical issues, and these issues are worsened by the crash.

While you cannot seek compensation for injuries you suffered prior to the crash, you can seek compensation for aggravation of those existing injuries. The insurance company may lead you to believe otherwise, but it is important to remember that their goal is to pay out as little compensation as possible.

As these claims are complicated and require detailed evidence, you should seriously consider seeking experienced legal help. Schmidt Kramer is here to provide experienced legal help to those injured in car crashes. We have obtained millions on behalf of crash victims throughout Pennsylvania, including $2.2 million for someone fatally injured in a crash on Interstate 78.

Preexisting Injuries That May be Aggravated in a Car Crash

Many injuries could be aggravated in a car accident. The force of impact can be quite jarring to many body parts, even if you are not directly hit by anything. People who have an existing back, neck or head injury could be at high-risk for aggravation of the injury.

Broken bones, soft-tissue injuries like whiplash and a wide variety of other injuries could all be aggravated in a car crash. Your neck could get violently swung forward and backward. Your arms or legs could hit things inside your car, like the dashboard or window. 

It may be possible to file a claim for aggravation of a preexisting injury you did not know about. For example, sometimes people have degenerative conditions they are unaware of. Maybe the condition did not cause them pain, which is why they did not know.

The important thing to remember is you should seek help from a licensed Harrisburg-based auto accident attorney after a car crash to determine possible legal options. You should not rely on the insurance company’s statements about your options.

Claims for Aggravation of a Preexisting Injury

Building a case for aggravation of a preexisting injury can be complicated. Your attorney needs evidence to help differentiate between new symptoms and old symptoms you experienced before the accident.

Talking to Your Doctor About Existing Injuries

One of the most important things an injury victim can do is keep his or her physician well-informed about new symptoms and how they differ from existing symptoms. Explain in detail how your physical condition is different compared to before the accident. If your symptoms worsen, inform your doctor right away.

When you first receive medical treatment after the accident, inform the treating doctor about your preexisting condition. This will be noted in your medical records and could go a long way in countering insurance company claims that you were not injured in the crash and are only seeking compensation for an existing injury.

It can be very helpful to have detailed medical records from before the accident, particularly if they detail your preexisting illness. This can be a big help to your attorney as he or she looks to build a case.

However, it is important to remember that this is information you should only share with your attorney. He or she can determine how best to present it during your claim to protect its value. The insurance company would like nothing more than to see all your medical records to use them against you to devalue your claim.

Comparing Your Current and Previous Lifestyle

Our attorneys are likely to ask you questions about how your life is different now compared to before the accident. This helps to show how your injury has affected various aspects of your life. For example, if you were active and played sports, did a lot of household chores, or had a physically demanding job, an injury could make you unable to do those things, or unable to do them as much as you used to do.

It is important not to make assumptions about the strength of your case. The attorneys at Schmidt Kramer have been handling these types of cases for decades and know how to determine when a case is valid and the evidence that may be needed to support it.

Call Schmidt Kramer Today

There are no upfront fees or legal obligations with our services. That means there is no risk in giving us a call to discuss your crash and learn how we may be able to assist you. There are also no fees while we work on your case.

Our goal is to secure maximum compensation for your damages to help you move forward from this difficult situation.

Give us a call today. We are here to help. (717) 888-8888