When you’re injured in a car accident, the impact can be life-changing. If you have a pre-existing condition that’s worsened by the crash, the situation becomes even more complex. You may worry about whether you’ll be compensated for the new challenges you’re facing. The good news is that a car accident aggravated pre-existing condition settlement can help you recover financially for the harm caused. Here’s how you can strengthen your case and pursue the compensation you deserve.
What Is an Aggravated Pre-Existing Condition?
An aggravated pre-existing condition occurs when an existing injury or health issue worsens due to the impact of a car accident. For instance, if you already had a herniated disc but a crash caused further damage, you could claim this aggravation as part of your injury case. Insurance companies may try to argue that they aren’t responsible for prior injuries, but the law recognizes that new harm caused by an accident deserves compensation.
Understanding Aggravation Versus Exacerbation
Many people confuse the terms “aggravation” and “exacerbation,” but there is a legal difference.
- Aggravation – Permanent worsening of an existing condition due to an accident. This might include a pre-existing back injury requiring surgery after a car crash.
- Exacerbation – A temporary worsening of a condition that eventually returns to its baseline. For example, if a car accident temporarily increases the pain of arthritis but it subsides with treatment, that’s an exacerbation.
Knowing the distinction helps ensure your claim is accurately presented and not undervalued.
Proving Your Case: Key Steps to Take
Winning a settlement for an aggravated pre-existing condition hinges on strong evidence. Follow these steps to build a solid foundation for your claim.
Document the Aggravated Injury
After the accident, seek medical attention immediately—even if you don’t feel much worse at first. A doctor’s examination can reveal how the crash impacted your condition and document the changes. Detailed medical records are crucial to showing how your pre-existing injury was aggravated in a car accident.
Your medical records should include:
- A baseline assessment of your condition before the accident
- A diagnosis and explanation of how the accident worsened your condition
- Recommendations for additional treatment or surgeries required because of the aggravation
Be Transparent About Your Medical History
Hiding your pre-existing condition can hurt your case. Insurance companies often dig into medical histories to find reasons to deny claims. Instead of trying to downplay your condition, work with your Florida car accident lawyer to present it in a way that emphasizes how the accident caused further harm.
Establish the At-Fault Party’s Liability
To win your car accident aggravated pre-existing condition settlement, you must prove the other driver was at fault for the crash. Evidence like police reports, witness statements, and video footage can demonstrate that the other party’s negligence caused the collision.
Calculate the Full Extent of Damages
The compensation you’re entitled to should reflect the additional pain, medical costs, and lost wages caused by the aggravated injury. Work with your lawyer to include:
- Medical expenses for new treatments or surgeries
- Increased therapy or rehabilitation costs
- Lost income due to extended recovery periods
- Pain and suffering resulting from the worsened condition
Challenges You May Face
Even with strong evidence, insurance companies often try to deny or minimize claims for aggravated injuries. Here are some common tactics they might use:
- Blaming the Pre-Existing Condition – Insurers may argue that your worsened injury isn’t related to the accident.
- Downplaying the Severity – They might claim your condition wasn’t significantly aggravated or that you were already on the path to needing more treatment.
- Misinterpreting Medical Records – Adjusters might twist details in your medical history to suggest your condition hasn’t changed much.
Having an experienced personal injury lawyer by your side is essential to countering these strategies.
The Role of Expert Witnesses in Aggravated Injury Claims
Expert witnesses can make or break your claim. Medical professionals, vocational experts, and even accident reconstruction specialists can provide insights that strengthen your case. For example:
- Doctors – Can testify to how the accident directly caused the aggravation
- Rehabilitation Specialists – Can explain the new treatments or therapies required due to the worsened condition
- Economists – Can calculate how the aggravation impacts your ability to work and earn a living
By providing objective testimony, these experts add weight to your claim and make it harder for insurance companies to dismiss your case.
Why You Shouldn’t Settle Too Quickly
Insurance companies often offer low-ball settlements to injured parties, hoping they’ll accept the money and move on. However, accepting an early settlement may not cover the full extent of your damages. Aggravated injuries often require months—or even years—of ongoing treatment. Rushing to settle could leave you without the funds needed for future medical care.
Work with your attorney to evaluate any settlement offer thoroughly. A fair settlement should address both your current and future expenses.
Can You Handle This Alone?
While it’s possible to negotiate with an insurance company yourself, it’s rarely a good idea. These companies have experienced adjusters and attorneys on their side whose sole goal is to minimize payouts. Without a lawyer, you might:
- Miss critical deadlines
- Fail to gather all necessary evidence
- Settle for far less than your claim is worth
How a Lawyer Can Help
A personal injury lawyer experienced in handling aggravation of a pre-existing condition settlements can guide you through the process. Here’s how they can support your case:
- Case Evaluation – Determining the value of your claim based on medical records, expert opinions, and accident details.
- Negotiation – Fighting back against low-ball offers and ensuring your damages are fully accounted for.
- Litigation – If the insurance company refuses to offer a fair settlement, your lawyer can take the case to court.
With legal support, you can focus on healing while your lawyer handles the paperwork, negotiations, and court proceedings.
Contact Jurewitz Law Group Injury & Accident Lawyers for Help Today
When a car accident worsens an existing condition, you deserve compensation that reflects the full extent of your pain and suffering. Jurewitz Law Group Injury & Accident Lawyers has the experience and resources to fight for you. Our team understands how insurance companies operate and what it takes to secure the best possible settlement for aggravated injuries. Contact us online or call us today at (619) 233-5020 for a free consultation to discuss your case and legal options.
