You can file a claim if a car accident aggravated a pre-existing condition. Mississippi law allows you to hold a negligent driver financially responsible for the harm they cause, which includes making an old injury or medical issue worse.
Your right to seek compensation focuses on the new pain, limitations, and medical needs created by the collision. Successfully managing this type of case depends on clearly showing how the crash worsened your prior condition.
A lawyer can present your claim with a clear before-and-after picture of your health. This strategy separates the old injury from the new harm and allows you to pursue compensation for the increased suffering you now experience.
Key Takeaways for Car Accident and a Pre-Existing Condition
- A negligent driver is generally responsible for all the harm they cause, including the worsening of a prior health issue.
- Mississippi's "eggshell skull" doctrine means the at-fault party takes you as they find you, pre-existing conditions and all.
- Strong medical evidence is the foundation for proving that a car accident aggravated a pre-existing condition.
- Your compensation reflects the extent to which the crash worsened your condition, not the pre-existing condition itself.
- Insurance adjusters frequently use prior medical history to challenge or deny these specific types of claims.
The Eggshell Skull Rule: A Driver Takes You As They Find You
The legal principle at the heart of your case is often called the "eggshell skull" or "eggshell plaintiff" rule. This doctrine states that a defendant must compensate a victim for the full extent of the harm caused, even if the victim was unusually susceptible to injury.
In simple terms, the at-fault driver cannot use your physical frailty as an excuse to avoid responsibility. They’re liable for the damage they actually caused.
Imagine a person with brittle bones suffers a fracture in a crash that would only bruise an average person. The negligent driver remains liable for the fracture because they must accept the victim in the physical state they were in at the moment of impact.
The same logic applies when a car accident aggravates a pre-existing condition, making your old back injury, arthritis, or degenerative disc disease suddenly much more painful.
What Qualifies as a Pre-Existing Condition?
The force of a car accident can aggravate a wide range of health issues. These conditions may have been dormant, manageable, or actively in treatment before the collision. Their presence makes a person more vulnerable to serious harm from an impact.
Common examples include:
- Degenerative Conditions: Arthritis, spinal stenosis, and degenerative disc disease can be stable for years but flare up severely after a crash.
- Old Injuries: Healed fractures, herniated discs, or prior surgical sites can become re-injured or symptomatic again.
- Chronic Pain Disorders: Conditions like fibromyalgia or complex regional pain syndrome may intensify dramatically due to physical trauma.
- Mental Health Conditions: Pre-existing anxiety or PTSD can be significantly worsened by the stress and trauma of a serious car wreck.
How Mississippi Law Views Pre-Existing Injuries
Mississippi courts recognize and apply the eggshell skull doctrine. The law focuses on the damage caused by the defendant's negligence. When a car accident aggravates a pre-existing condition, the at-fault party is responsible for the increase in pain, the additional medical treatments, and the new physical limitations you face.
The key task becomes separating the previous condition from the new harm. A jury or an insurance company will need to see a clear line between your baseline level of health before the crash and your condition after it.
The defendant isn’t responsible for the condition you already had, but they’re absolutely responsible for making it worse. Your case for an aggravated pre-existing condition centers on proving this difference.
It requires detailed documentation, credible medical opinions, and a strong legal argument to isolate the harm caused by the recent accident.
Proving the Crash Caused the Aggravation, Not the Original Injury
The success of your claim depends on your ability to produce clear evidence. You must demonstrate that the accident, and not the natural progression of your old condition, is the reason for your increased pain and medical needs.
An insurance adjuster will look for any weakness in this causal chain, making your evidence absolutely essential. Your medical history is at the center of this process. The adjuster will compare your medical records from before the accident to your records after the accident.
A successful claim paints a vivid picture of this change for the adjuster or, if necessary, a jury.
The core evidence used to establish this link includes:
- Medical Timelines: Your complete medical records from before and after the collision create a clear narrative of your health baseline and the specific decline caused by the accident.
- Diagnostic Proof: Objective tests such as new MRI scans or X-rays can show a measurable worsening of a condition, like an increased disc herniation.
- Referrals for More Intense Treatment: A record showing that your doctor escalated your treatment from physical therapy to pain management injections serves as proof of a worsened condition.
- Physician Testimony: A statement or report from your treating doctor provides a professional medical opinion connecting the crash to your heightened symptoms and need for more intensive care.
The Critical Role of Your Medical Records
Your medical history provides the timeline of your health. Your attorney uses these records to establish your baseline condition before the crash. For example, if you had chronic back pain that you managed with monthly physical therapy, your records would show that.
After the accident, if you now require injections or are considering surgery, your new records show the condition is worsening. Don’t hide your pre-existing conditions from your doctors; give them a complete and honest account of your health history and your new symptoms.
The consistency and detail in your medical chart become powerful evidence in your claim.
Testimony From You and Others
Beyond medical records, your own account matters. You’ll need to articulate the specific ways your life has changed since the collision. This may involve a written statement, a deposition, or testimony at trial.
Statements from family, friends, and coworkers can also strengthen your case. These individuals can attest to the changes they have observed in your physical abilities and activity levels.
For example, a spouse can describe how you could previously manage household chores but can no longer do so after the car accident aggravated a pre-existing condition. This personalizes your claim beyond just medical charts.
What Insurers Look for When You Claim a Car Accident Aggravated a Pre-Existing Condition
Insurance adjusters have a responsibility to their company to minimize payouts. They know that a car accident that aggravated a pre-existing condition is a valid basis for a claim, but they may still look for reasons to argue the accident caused little to no change in your health.
Adjusters scrutinize your medical history and your statements for inconsistencies. Their goal is often to attribute all your current pain to your old condition, thereby denying payment for treatment related to the recent car crash.
Gaps in Treatment History
An adjuster may view a long gap in medical treatment before the accident as evidence that your condition was resolved. If you stopped seeing a doctor for your back pain two years ago and now claim the accident severely aggravated it, the adjuster may question the connection.
A lawyer can counter this by showing that your condition was stable or asymptomatic and that the accident was a clear triggering event for the new symptoms.
Conversely, continuous treatment before the crash can also be used against you. The adjuster might argue that your condition was already worsening and the accident had no effect.
Inconsistent Statements About Your Health
An adjuster will compare what you told the police at the scene, what you told your doctors, and what you say in official statements. Any contradictions can damage your credibility and the value of your case.
For instance, if you downplay your pain at the scene but later report severe symptoms to a doctor, an adjuster may become suspicious. Insurers scrutinize your past medical records for anything that seems to contradict your current claim.
This makes thorough documentation and honest communication with both your doctors and your attorney essential for building a persuasive case when a car accident aggravated a pre-existing condition.
The insurer's approach often involves the following tactics:
- Requesting Extensive Medical Records: An adjuster may ask for your medical history going back many years, hoping to find a previous injury they can blame for your current pain.
- Using a Slight Impact To Deny Injury: If the property damage to the vehicles was minor, they may argue the force was insufficient to worsen any underlying condition.
- Hiring Their Own Medical Examiner: The insurer may require you to see a doctor of their choosing, who may issue a report minimizing the aggravation of your injury.
- Making a Lowball Offer Quickly: They may offer a small settlement early on, before you know the full extent of your injury, hoping you accept and close the claim.
How a Lawyer Helps You Build a Claim With a Pre-Existing Condition
The insurance company has adjusters and lawyers trained to protect its bottom line. A personal injury attorney works to document your case fully and fight for the compensation that reflects your new reality.
They handle the complexities of the legal process so you can focus on your health. From gathering evidence to negotiating with the insurer, an attorney advocates for your interests at every step. They know the tactics insurers use and how to build a case that counters them effectively.
Here is how an attorney can specifically assist:
- Collecting Evidence: Your personal injury lawyer gathers and organizes all relevant medical records, both before and after the accident, to create a clear timeline of your health.
- Hiring Medical Experts: They can retain physicians and other medical experts who can review your file and provide an authoritative opinion linking the crash to the aggravation of your condition.
- Communicating With the Insurer: Your attorney manages all communication with the insurance company, protecting you from saying something that could be misinterpreted or used against your claim.
- Calculating Full Damages: They work to calculate the total value of your claim, which includes additional medical bills, lost income, and the pain and suffering caused by the worsened condition.
- Negotiating a Fair Settlement: An attorney uses the evidence to negotiate with the adjuster from a position of strength, aiming for a settlement that justly compensates you for the new harm you've suffered.
- Filing a Lawsuit: If the insurance company refuses to offer a fair settlement, your lawyer can take your case to court to let a jury decide.
FAQ for Car Accident Aggravated a Pre-Existing Condition
How Does a Lawyer Prove the Accident Made My Pre-Existing Condition Worse?
Your car accident lawyer proves the accident made your pre-existing condition worse primarily through medical evidence. Promptly seek medical attention after the crash and clearly explain your new or worsened symptoms to the doctor.
Your attorney will use your medical records, comparative diagnostic tests like MRIs from before and after the incident, and reports from your treating physicians or medical experts to demonstrate a measurable decline in your condition that directly followed the accident.
What Types of Compensation Can I Pursue?
Compensation covers the damages related to the worsening of your condition. This can include all additional medical expenses required to treat the aggravated injury, such as new medications, physical therapy, injections, or surgery.
You can also seek recovery for lost wages if the worsened condition prevents you from working, as well as compensation for the increased pain, suffering, and loss of enjoyment of life you now experience.
Can an Insurer Access My Full Medical History for My Claim?
The insurance company has the right to review records relevant to the injury you are claiming. However, they’re not necessarily entitled to your entire life's medical history.
An experienced attorney can object to overly broad requests and work to limit the disclosure to only the records that are pertinent to your claim about the car accident that aggravated a pre-existing condition.
Does It Matter if I Was Still Treating My Old Injury When the Crash Happened?
No, being in active treatment doesn’t prevent you from making a claim. In fact, it can sometimes make it easier to prove your case. Your ongoing medical records from before the accident establish a clear baseline of your health and treatment regimen.
Your post-accident records can then show a distinct change, such as an increase in symptoms, a new type of pain, or the need for a more aggressive treatment plan, which helps prove the accident's impact.
What Happens if an Uninsured Driver Hit Me and Aggravated a Pre-Existing Condition?
If the at-fault driver has no insurance, you may still have options for recovery. You may be able to file a claim through your own insurance policy if you carry Uninsured/Underinsured Motorist (UM/UIM) coverage.
An attorney can review your policy to determine if you have this coverage and help you file a UM claim to seek compensation for your aggravated injuries.
The Power of Clear Documentation
The single most important principle in your case is clear and consistent documentation. From the first doctor's visit after the crash to the last day of physical therapy, every record helps tell the story of how your life changed.
When an insurer sees a well-documented file that clearly connects the collision to your worsened health, they’re more likely to offer a fair settlement. You can take control by being precise and honest with your doctors at every appointment.
If a car accident aggravated a pre-existing condition, you don’t have to face the insurance company alone. Let us help you present your story clearly and forcefully. Contact Richard Schwartz & Associates at (601) 988-8888 for a free consultation about your case.