People involved in car crashes don’t always notice their injuries immediately. They may already have significant pain symptoms due to an issue with their shoulder or their hip that they have had for years. As such, the pain they feel immediately after a car crash may not seem much different than their status quo.
However, as time passes, it may become quite obvious that the car crash worsened a pre-existing injury. Chronic medical conditions and persistent injuries are relatively common. Federal researchers estimate that roughly one in two adults in the United States has a pre-existing medical condition, many of which are functionally-limiting injuries.
Do people with an injury that existed before a car crash have the right to request compensation if the collision worsened their symptoms?
1. If a crash worsens an injury, a claim is possible
It is possible for those with a physical injury worsened by a motor vehicle collision to hold the driver at fault accountable for their new or more severe symptoms. The claims process is roughly the same, although the amount and type of evidence required is a bit different when seeking compensation for the aggravation of a pre-existing injury.
Generally speaking, the party making the claim needs medical documentation regarding the severity of the injury and any treatment they underwent before to control or address their symptoms. Medical records regarding their treatment and symptoms after the crash can help demonstrate that the collision worsened a pre-existing condition.
Details about the timeline for their recovery, their long-term prognosis and even their work restrictions can help people prove that a collision worsened a pre-existing medical condition. They may need help evaluating the increased care costs and lost earning potential generated by their aggravated injury.
2. Acting promptly is necessary
An injury claim related to the aggravation of a pre-existing problem is subject to the same Maryland statutes as any other personal injury lawsuit. The injured party has three years from the date of the crash to initiate litigation in most cases.
It is also critical that those with aggravated injuries undergo professional medical evaluations, possibly including imaging tests, as soon as possible. If a car crash made a back injury or similar pre-existing medical issue worse, the injured party may have grounds for a compensation claim on the basis of the aggravation of a pre-existing condition.
Those in need of compensation and facing a complex claim after a car crash can call the team at Cohen, Snyder & Eisenberg, P.A. for support. Our team provides free consultations and answers the phone 24/7. Click here or call 1-800-INJURED (1-800-465-8733) to discuss how a collision worsened a pre-existing injury.
