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Compensation for the Aggravation of Pre-Existing Injuries

Delaware Car Accident Lawyers weigh in on compensation for the aggravation of pre-existing injuries. Medical records and bills are crucial when filing a claim after an auto accident. It will be important for your doctor to make the distinction between the injuries of the recent car accident and not a prior accident. The strongest medical records should demonstrate the end of a pre-existing injury and the start of a new injury.

Essentially, your medical records must show a causal relationship between your injury and auto accident. Car accident victims must share past medical records with insurance companies, but only records that are relevant to the current injury. The physician should include documentation that delineates how the accident caused or worsened your injury or condition.

If you have a previous injury, opposing insurance companies will attempt to use this against you as you work to settle your claim. The goal of the at-fault party insurer is to pay the minimum for your claim by minimizing the severity of your injury or proving your injuries were not caused by the accident due to a pre-existing injury.

The Eggshell Doctrine

The Eggshell Doctrine prevents insurers from using pre-existing injuries against car accident victims.

With the Eggshell Doctrine, insurance companies cannot deny your injury claim solely because of your pre-existing injury or condition. Injury victims can recover compensation for the aggravation of injuries that were present before the car accident and worsened by the accident.

Victims must prove that the injuries in their claims were directly caused by the accident. The doctrine states that victims should be entitled to compensation for injuries sustained in an accident if:

  • The pre-existing condition was stable
  • The pre-existing condition would not have changed, if it were not for the accident

An accident that might cause minimal harm to a healthy person, may cause serious injury to a person with a pre-existing injury.

Auto accidents can aggravate common pre-existing conditions

Depending on the impact of the car accident, the trauma could worsen or cause a flare-up of an existing medical condition or previous injury. Some of the common conditions that are typically worsened by auto accidents include:

  • Herniated discs
  • Degenerative disc disease
  • Hernias
  • Lower back strains
  • Bones broken in the past
  • Arthritis
  • Fibromyalgia
  • Knee and shoulder injuries
  • Old brain injuries, including concussions

If you suffered trauma that worsened your pre-existing injury or condition as a result of a car accident, contact a Delaware car accident lawyer from our team for legal representation.

Delaware Car Accident Lawyers of McCann Dillon Jaffe & Lamb, LLC Represent Car Accident Victims with Pre-Existing Injuries

With all the details of your previous injury or health condition, our highly-skilled and knowledgeable Delaware car accident lawyers of McCann Dillon Jaffe & Lamb, LLC can best defend your current claim against arguments made by the opposing insurance company and pursue the compensation you rightfully deserve.

Conveniently located in Wilmington, Delaware, we represent clients throughout Delaware, Pennsylvania, and New Jersey. Call 302-888-1221 or contact us online for a free initial consultation.