If you get injured in a car accident caused by another party, you can sue that driver for the injuries you have; however, if you had preexisting conditions when the accident took place, they can affect your case. Here are several different things to understand about the effects preexisting conditions can have on your car accident case.
Proving the accident caused injuries is the main goal
To file a claim against someone for the injuries you incurred in a car accident, it is highly important that you can prove that the car accident caused the injuries. Unfortunately, this is not always easy to do when you have preexisting injuries. Without enough proof that the accident is what left you injured, you have no case at all. One of the key elements of personal injury law is injuries. Without any injuries, you cannot file a claim for damages. In a car accident case, you could still try to recover money for damages to your car, but that would be the extent of what you would be entitled to seek compensation for.
The definition of preexisting injuries
A preexisting injury is an injury you had before the accident, and common preexisting injuries include back problems, neck problems, and brain injuries. A preexisting injury is an injury you are currently living with and were living with prior to the accident. While an accident may have caused these injuries to worsen, the accident itself would not be considered the cause of the injuries, simply because an accident cannot cause problems that were already there before it took place.
How this affects car accident cases
The main way that preexisting injuries affect car accident cases is in the settlement amount. Your main goal will be to prove that you now have different injuries, or that your preexisting injuries worsened as a result. In other words, you might be able to receive compensation for the difference in your injuries before the accident to their state after the accident. To prove this, you would need to get help from a doctor and other specialists, and they may have to testify in your case.
If you would like legal help for your case, you should call a personal injury lawyer. Your lawyer can help you settle your case, even if you had preexisting injuries prior to the accident, and you can learn more by contacting a law firm today.
For more information, you will want to contact a professional, such as Attorney Todd E Webb Personal Injury Attorney.Share