The Dangers of Pre-Existing Injuries in Auto Accidents
As you may be well aware of, insurance companies do not respond well to the phrase “pre-existing.” If you’re looking for health insurance, for example, providers have historically either declined to cover someone, or would do so at incredibly high rates if they have a pre-existing condition. Similarly, in a personal injury case, an insurance company is not likely to pay out anything for a pre-existing injury you sustained before the accident. But accidents can also aggravate or intensify pre-existing injuries; a fact that you should be aware of not only for the sake of your case but also for the sake of your own health.
The Eggshell Skull Rule
In matters that pertain to one party injuring another, there’s a rule that’s often nicknamed either the “eggshell,” “thin skull,” or “eggshell skull” rule. What it’s referring to is a hypothetical situation in which one party injures another, not knowing that the other party has an incredibly weak skull. The party who caused the injury is still responsible for the more severe damages to the injured person, even though that injury may not have been so severe if the person’s skull was not so weak. As this pertains to pre-existing injuries in an auto accident, think of it in the same way. If you have a broken arm bone that is still healing and someone crashes into your car at a moderate speed, breaking your weak arm again, that other driver may be held responsible for re-breaking your arm. This would hold true whether your arm was still recovering or at full strength, and in both cases, you’d want to speak with a lawyer.
The Issue Of Repeated Concussions
Returning to the idea of a damaged skull, one thing that is vitally important to be aware of is a concussion. Recent studies have come to light which show how repeated brain injuries are incredibly devastating and can cause lasting neurological damage, especially if the injuries occur within a short span of time. These issues have been seen and discussed more recently in the world of contact sports, but they can also happen outside of that. A person could take a bad fall, have a concussion, and heal from it, but three months later, be involved in a car accident that not only gives them another concussion but makes it far more severe and harder to heal from. It’s because of possible incidents like this that it’s very important you see your doctor, make sure your medical records are accurate, and relay this information to your attorney.
Be Aware Of Your Back Health
Another injury type to be aware of are back injuries. Many people have partially herniated discs and aren’t even aware of it. The sudden impact of a car accident can potentially aggravate those discs even further to the point that they do fully herniate or rupture. It’s possible, too, that a disc that is already herniated could be worsened by an accident, resulting in even more pain and the need for more invasive treatments. Insurance companies may be very reluctant to pay out on a claim such as this, which again, is all the more reason to maintain visits to the doctor and keep your attorney aware of your condition.
Pre-Existing Injuries Don’t Destroy Your Claim. Call ELG Law!
If you have pre-existing injuries and find yourself in a car accident, you need to get yourself the proper medical attention first and foremost. Afterward, if you’re looking for legal options, call ELG Law at (623) 877-3600 for a free consultation. Our experienced legal team only handle personal injury claims and we know how important it is to demonstrate that a pre-existing injury can be made physically and financially harder to manage because of an auto accident. Don’t automatically think that you don’t have a case; call ELG Law and let our experience help you figure out your options.
