There is a common misconception that if you suffer injury from a car crash, but had a pre-existing condition before the crash, you’re not entitled for compensation from the party at fault. Indeed, you do not have to be in perfect health to seek compensatory damages. The fact is, if the party at fault contributes to a current injury, or aggravates a past one — they’re required to pay up. Depending on the extent of your injury, this can mean paying for full medical treatment, lost wages, and even pain and suffering.
It’s always good to know what to do if you’re involved in a car accident, but even more so if you’ve had a prior injury. In a situation like this, proving that the other driver did make your injury worse or cause an old injury to resurface, it is especially important to know how to proceed.
The easiest way to provide proof that the crash contributed to aggravating or resurfacing a prior injury is a paper trail. Your attorney will need confirmation from your doctor that this is the case. Doing so is made much easier when there are available records of your past visits, with a detailed account on the history of your prior injury. Your doctor will also have to provide his or her expert opinion on whether the crash had an impact on your injury, which is determined by weighing your current pain and symptoms to those reported before the crash.
With some injuries, a significant amount of time elapsed between the initial injury and the crash is not a guarantee that the injury wasn’t caused or aggravated by the crash. Spinal injuries, for instance, can be aggravated many years after the fact as the result of an accident. If you find yourself in a similar situation, it’s highly recommended that you enlist an experienced personal injury attorney in Miami to help prove your case.