WHAT IF I SUFFER A SEVERE BACK INJURY IN A CAR WRECK, BUT I HAD SOME PRIOR BACK PROBLEMS?
Do I have a Case Against the Other Person in the Wreck?
Relax. This Situation is More Common Than You Think.
In the litigation world, prior injuries and conditions are referred to as “pre-existing conditions.” You would be hard pressed to find anyone who has not experienced some type of injury over their lifetime. Maybe you twisted your ankle playing basketball in school or have developed some arthritis due to the type of work you do. It’s not something you need to run from or to be discouraged by — it is just the reality of life.
Negligent Drivers Don’t Get a Pass Simply Because You May Have Had a Prior Injury
If you are injured in a car wreck, undoubtedly, the insurance company for the other party will try to investigate your medical history to see if you had a “pre-existing” condition. Insurance investigators will definitely view it as a way to try and reduce the value of your claims. However, if your physician supports that a truck slamming into your car made an old injury flair-up, worsen, or require surgery, then the negligent driver is responsible for that damage.
What Is the Best Course of Action?
If you have been involved in a car wreck and suffered aggravation of a pre-existing condition, the best course of action is to talk with your physician about how the pain is different, more intense, came back, etc. If you are honest and, if needed, you hire a good lawyer, pre-existing injuries will not be a problem.
Contact Larry and Tina for a free evaluation at 1-800-475-4140.