In Maine, if you’re injured in an accident that was someone else’s fault, you can seek compensation for your injuries. But what happens if the injury you sustain in an accident affects a part of your body that you had already injured before? Can you still receive compensation?
The answer is yes. If the accident made your pre-existing condition worse, then you are entitled to compensation. However, the insurance company may try to put up obstacles. You need an experienced personal injury lawyer to help you obtain the compensation you deserve.
Filing a Personal Injury Claim With a Pre-Existing Condition
Pre-existing injuries or conditions are those that existed before the recent accident. For example, say you had a traumatic brain injury (TBI) caused by a fall years ago, and you recently were in a car accident where the force of the crash caused additional damage to your brain. This new damage made your condition more severe than it had been before. In this situation, you have the right to pursue a personal injury claim for the aggravated injury.
The insurance company, however, is likely to argue that your current health problems are the result of your pre-existing injury and that the car crash had nothing to do with your current condition. The insurance company’s representatives may try to blame all your health problems on the pre-existing injury alone.
This is where a personal injury lawyer can help. Your lawyer will show how the car crash made your injury or condition worse and will build a case showing that your aggravated injuries entitle you to compensation for your medical treatment, income losses, pain, and emotional distress.
Although filing a personal injury claim with a pre-existing condition can be challenging, you shouldn’t be discouraged. The law is on your side. It gives you the right to seek compensation for your aggravated injuries.
What You Can Do If a Car Crash Aggravates a Pre-Existing Injury
If you’re filing a personal injury claim, it’s important not to try to hide your pre-existing injuries. The insurance company will find out, and it will hurt your credibility. Instead, be honest with your lawyer. Give your lawyer information about the medical treatments you had for your injuries both before and after your car crash. Your lawyer will obtain your medical records and use them to help prove that the car crash made your injuries worse.
What Happens If Your Pre-Existing Injuries Make You More Likely to Be Injured Again?
The law is also on your side if your pre-existing injuries cause you to be more likely to get hurt in an accident. The eggshell skull rule protects you if the insurance company tries to argue that you would not have been injured in the car crash if you didn’t have a pre-existing condition. For example, if you have a prior condition that made you frail, and your frailty caused you to be more severely injured in the car crash than you would have been without the prior condition, you are still entitled to compensation for the injuries.
Garmey Law Can Provide the Legal Help You Need
If you want to file a personal injury claim and you have a pre-existing condition, you should seek help from an experienced personal injury lawyer. The attorneys at Garmey Law have extensive experience helping people in Maine who were injured in vehicle accidents. We stand up to the insurance companies and won’t let them prevent you from getting all the compensation that you are legally entitled to receive. Contact us today for a free consultation.
