What if My Accident Made a Pre-Existing Injury Worse?

Car Accidents,Personal Injury • March 29, 2022

For many people, pain and medical appointments are part of life, whether they have a condition from birth, due to age, or from an injury. In these situations, a fall or car crash can increase your suffering and decrease your enjoyment of life, perhaps even limit your mobility. When your accident makes a pre-existing injury worse, an experienced personal injury lawyer in Jersey City can ensure the person or company at fault is held accountable.

Common Pre-existing Conditions or Injuries

While we all have minor aches and pains now and then, they can usually be controlled with over-the-counter medicine. However, if you suffer from pain due to a previous trauma, accidents can make a pre-existing injury much worse. You may require more powerful drugs, physical therapy, or even surgery after an accident. Some common pre-existing injuries include: 

  • Neck pain
  • Back pain
  • Previously broken bones, even if fully healed
  • Herniated discs
  • Traumatic brain injury (TBI)
  • Muscle strains and joint sprains

Likewise, the effects of an accident such as a fall or car crash can be made much worse when a plaintiff has a pre-existing medical condition, such as:

  • Cardiovascular disease
  • Diabetes
  • Degenerative disc disease
  • Fibromyalgia
  • Arthritis
  • Osteoporosis
  • Joint replacements

Accidents Can Complicate Personal Injury Claims

Imagine you were in a car accident that shattered your femur, requiring a titanium replacement in your leg. After extensive surgery, then several weeks of painkillers and physical therapy, you are on your way back to your normal routine of life. Just as you are nearly recovered, you are traveling to dinner with a friend when the car gets a flat tire. As you are standing on crutches beside the car talking your friend through the tire change, a distracted driver speeds into the shoulder and hits you head-on. You are thrown over the car and land on the pavement. The previous damage is now much worse, and you have sustained new broken bones and lacerations. 

This kind of situation falls under the “eggshell plaintiff” rule. This rule requires the defendant, if found liable, to pay for all medical costs and damages that result, regardless of the plaintiff’s health status prior to the accident. This means you can recover costs for any new injuries, as well as treatment for pre-existing health issues that are worsened by the accident.

Even with the eggshell plaintiff rule, a pre-existing condition can complicate your personal injury claim. This is where medical reports and scans can help prove how an accident made your condition worse and allows a court to issue a fair compensation award.

Get Expert Legal Help to Ensure All Your Injuries Are Covered

No one wants to feel worse or be more impaired because of someone else’s negligence. But accidents do happen every day, and it’s important that you receive the most compensation for your loss of health and mobility. At Brady Reilly & Cardoso LLC, we have built our reputation on our knowledge of the law and our tenacity in the courtroom. Contact our experienced personal injury attorneys today by phone at 201-997-0030.