Nobody plans on having a car accident; however, in New Hampshire, there were 101 traffic fatalities in 2019. Between 2015-2019, Hillsborough County had the second-highest unrestrained fatal crash count (46) in New Hampshire. 2019 also saw nearly 7,000 injury crashes throughout the state. If your accident results in an injury, a pre-existing condition can complicate your personal injury case, especially if the car crash has exacerbated your pre-existing condition.
A pre-existing condition includes any health condition that you have prior to your accident. Common pre-existing conditions include herniated discs, migraines, arthritis, broken bones, or even anxiety. Insurance companies usually seek opportunities to deny claims, and a pre-existing condition can make the resolution of your case harder. A qualified New Hampshire personal injury lawyer can help you navigate this challenge.
AGGRAVATED PRE-EXISTING CONDITIONS
It’s important that if you have any pre-existing conditions, you still seek treatment for your injuries as soon as possible and follow the doctor’s recommended treatment plan.
Pre-existing conditions that are aggravated in an accident, especially when they’re degenerative, could worsen at a faster rate than before. Some examples of pre-existing conditions might be:
- Herniated or bulging discs, or other degenerative back problems
- Rheumatoid arthritis, osteoarthritis, or other joint conditions
- Fibromyalgia
STEPS YOU CAN TAKE
The ‘eggshell plaintiff’ concept states that the courts must determine a defendant’s liability based on the plaintiff’s condition—they must take you as you are. If you sustain injuries or aggravate earlier injuries, the defense is still liable for the damages you sustained. Insurance companies will try to prove that your pre-existing condition might have worsened even without the accident. For this reason, it’s critical that you follow a few steps.
- Do not sign any medical authorizations that the insurance company requests
- Tell your attorney everything about your pre-existing condition so that they can best advise you.
TENN AND TENN, P.A.
If you’ve been in a car accident and have a pre-existing condition, you still deserve compensation for your injuries or the further aggravation of your pre-existing condition. Contact Tenn And Tenn, P.A. attorneys today for help. Reach out online or call (603) 614-5055 for your free consultation.