Posted on: March 23, 2013
If you were involved in a car accident in South Carolina that didn’t result in any new injuries, but did aggravate old ones, you could still be entitled to compensation for your injuries, pain and suffering, lost wages, and other damages.
It’s a common misconception that a prior injury will keep you from recovering damages after a car accident – but that’s not typically the case.
Compensation for worsened pre-existing conditions…
You cannot claim a pre-existing condition was caused by your accident, and if you try, you could discredit your entire case… even if you have valid new injuries that were caused by the crash as well.
So, it’s important to talk to a South Carolina car accident lawyer about any pre-existing medical conditions.
If you are upfront and open about your medical history with your attorney from the beginning, it could be used to your advantage in the case against the at-fault driver’s insurance company. Any existing injury that’s exacerbated by a crash could qualify you for damages.
Weakness can build a strong case.
In fact, your previous injuries and conditions could help to strengthen your case. If you have a history of back or neck pain, issues with osteoporosis, or other medical issues or conditions that make you more susceptible to injury, your medical history could explain how a seemingly small and insignificant accident caused you serious physical injury.
Tips for approaching your case with pre-existing conditions:
There are several things you should do in order to protect your rights if you know you have pre-existing medical conditions that could play a role in your car accident case.
- Don’t talk to the other driver’s insurance company.
It’s very important if you were injured in a South Carolina car accident not to talk to the at-fault party’s insurance company – and do not release medical records without first discussing your case with an experienced auto accident attorney. Insurance companies can run with medical releases and search through your history; searching for evidence of pre-existing conditions that could discredit your injury claims.
- Get the help you need.
Make sure doctors and medical professionals know you have a pre-existing medical condition that may have been aggravated by your crash.
If you have been injured in a car accident in South Carolina, and want to know what role your pre-existing injuries could play in your potential case, contact the experienced legal team at George Sink, P.A. Injury Lawyers. We have offices throughout the state and offer a free case evaluation that can help you understand your rights.