If a car accident aggravated a pre-existing condition, reignited old pain, and erased thousands of dollars of physical therapy and surgery, then you may have a viable lawsuit. Medical bills can skyrocket as you try to manage something that you already wrestled under some semblance of control.
Why should you be forced to pay for additional treatment caused by a car accident aggravated pre-existing condition? The experienced car accident lawyers in Chicago at Langdon & Emison don’t think you should. Illinois state law says you are entitled to compensation for injuries and suffering caused by an auto accident.
Here’s a checklist on how to handle your car accident aggravated pre-existing condition.
If A Car Accident Aggravated A Pre-Existing Condition, Seek Medical Treatment Immediately
If the car accident aggravated your pre-existing condition, you need to get a medical opinion as soon as possible.
Receiving medical care aids in your recovery, but it also strengthens your car accident lawsuit. It creates official medical records of how your pre-existing condition was aggravated, such as new symptoms, increased pain, or reduced mobility.
If you’ve delayed getting medical treatment, it’s not too late. See a doctor as soon as possible.
What if my pre-existing condition made the injury possible?
If you have an injury or degenerative disease that caused you to be seriously hurt in a wreck that likely wouldn’t have injured someone else, your new pain was caused by the wreck. That means you’re entitled to compensation.
There is no legal fault in having a condition that makes an injury possible or more likely. This is known as the Eggshell Plaintiff Doctrine or Eggshell Skull Rule. It says that a defendant is liable for any injuries magnified by the victim’s pre-existing condition or characteristics such as herniated discs or osteoporosis.
Why should I disclose my pre-existing condition?
Your medical team needs to know exactly what’s going on to treat you safely and effectively, and your lawyer must know all the facts before they argue on your behalf. Full disclosure is the only way for your recovery and case to be as strong as possible. You’re legally entitled to compensation for your car accident aggravated pre-existing condition, so be honest about what you’re going through.
Additionally, not disclosing your pre-existing condition can undermine your case and lead a judge to dismiss your claim.
However, you shouldn’t disclose your injuries to an opposing party or an insurance company, at least without first speaking to an experienced car accident lawyer in Chicago like those at Langdon & Emison. Such disclosures may weaken your car accident lawsuit. Seasoned lawyers can prevent that from happening.
Gather Information About Your Pre-Existing Condition
Illinois state law says people with pre-existing conditions are entitled to compensation for car accident-related injuries or pain. However, it limits compensation to the injuries or pain directly caused or worsened by the current accident.
That means you’ll need to provide evidence of the scope of your pre-existing condition, any symptoms you suffered prior to the accident, treatment types and dates, proof of your previous release of treatment, and other relevant medical information.
It also would be helpful to gather the names and contact information of doctors who treated your previous injury as they may be able to testify about your car accident. Illinois law requires your lawyer to prove any new suffering or the worsening of your condition was caused directly by the accident. All this information can help to strengthen your case.
Consult a Car Accident Lawyer
Regardless of how your suffering has increased or worsened, you deserve to be compensated.
At Langdon & Emison we know how to build a case that clearly shows your pre-existing condition was aggravated by the car accident. A strong case may require expert witnesses and accident reconstruction engineers, both of whom are in our network.
Let Langdon & Emison fight for you and the justice you deserve. Contact us today for a free case evaluation.