What happens if you get injured in a car accident in Colorado Springs but you already have pre-existing injuries? It’s a daunting scenario that can leave you feeling confused and anxious about your health and covering medical bills. Understanding how these pre-existing injuries can impact your car accident case is crucial for securing the compensation you deserve. Let’s delve into the complexities of this situation and explore why it’s essential to grasp the implications of prior injuries on your case’s outcome.
Understanding Prior or Pre-Existing Injuries
A prior or pre-existing injury refers to any physical condition or ailment that an individual already had before being involved in a car accident. This could include anything from chronic back pain to a previous broken bone. When someone with a prior injury gets into a car accident, the force of the collision can worsen or aggravate the existing condition. For example, if someone already had a weak back from a previous injury, the impact from the accident could cause further damage to their spine.
These pre-existing injuries can complicate a car accident case greatly. This is because insurance companies and legal teams may try to argue that the compensation should be reduced due to the fact that the person was already injured before the accident. This could impact the amount of money they receive for medical expenses, pain and suffering, and other damages resulting from the accident.
What Kinds Of Pre-Existing Injuries Can Get Worse After A Car Accident?
Sometimes even the smallest past injury can become a bigger problem after a car crash. Pre-existing injuries that can potentially worsen following a car accident include:
Back and neck injuries
Conditions such as herniated discs, spinal stenosis, or whiplash can be exacerbated by the impact of a car collision.
Head injuries
Concussions, traumatic brain injuries (TBI), or pre-existing conditions like post-concussion syndrome may worsen due to the force of the accident.
Joint injuries
Arthritis, previous fractures, or joint instability can be aggravated by the trauma of a car crash.
Soft tissue injuries
Chronic pain conditions like fibromyalgia or previous muscle strains may flare up or become more severe after an accident.
Psychological conditions
Pre-existing mental health issues, such as anxiety, PTSD, or depression, can be triggered or intensified by the emotional stress of a car accident.
Tell Your Colorado Springs Car Accident Attorney About Your Prior Injuries
It’s crucial to tell your Colorado Springs car accident attorney about any previous injuries you’ve had before your car accident. Not sharing this info could hurt your case because it may seem like you’re being dishonest or trying to hide something. To make sure you’re being transparent, be upfront with your lawyer about any past injuries. Be detailed and provide all the necessary information to avoid any complications in your case. Ideally, your Colorado Springs car accident attorney should be the point-of-contact for informing your insurance company about these injuries to ensure the best possible outcome.
How Prior Injuries Impact Compensation in a Personal Injury Case
Insurance companies often try to minimize the payout by arguing that the injuries you are claiming were pre-existing and not solely caused by the accident. They may suggest that your current condition is a result of the prior injuries rather than the recent collision, therefore reducing the amount of money they are willing to pay out. Going against an insurer can be daunting as they have the resources to undermine you. When it comes to cases with pre-existing injuries, hiring a Colorado Springs car accident attorney can make a difference worth thousands of dollars in your favor.
Insurance companies may use a few tactics to reduce the compensation they pay out for claims involving pre-existing injuries:
Claiming Aggravation
Insurance adjusters may argue that the car accident only aggravated or worsened your pre-existing condition, rather than causing entirely new injuries. They may try to minimize the impact of the accident on your health by attributing most of the symptoms to the prior injury.
Comparative Negligence
Insurance companies may allege that you were partially at fault for your injuries due to your pre-existing condition. They could argue that your prior injuries made you more susceptible to harm in the accident, reducing their liability and the amount of compensation they are willing to provide.
Independent Medical Examinations
Insurance companies may request an independent medical examination (IME) by a doctor of their choice to assess your injuries. The IME doctor may focus on your pre-existing injuries and downplay the role of the recent accident in causing or exacerbating your current condition, leading to a lower settlement offer.
Medical Records Review
Insurance adjusters closely review your medical records to identify any mention of previous injuries or treatments. They may use this information to discredit your claim and offer reduced compensation based on the belief that your current injuries are related to pre-existing conditions rather than the accident itself.
Protecting Against Insurance Companies’ Attempts to Discredit Your Injuries
An attorney for a car accident can be a big help in fighting back if the insurance company says your injuries were already there or not from the crash. Insurance companies might try to say your injuries weren’t from the accident, using all those aforementioned tactics to make your claim seem less serious or unrelated. To push back, hire a Colorado Springs car accident attorney with experience in pre-existing conditions. They can use evidence like medical records and expert opinions to show how the accident really did cause or worsen your injuries, making it harder for the insurance company to deny your claim.
Proving Your Injuries Were Caused by the Car Accident
It’s fundamental to show that the car accident caused your injuries, especially if you had previous ones. A car accident lawyer can be a big help in proving that the accident directly led to your injuries, even if you already had health issues. They can use things like medical records, expert opinions, and accident recreation to link your injuries back to the crash, making it easier to get the compensation you deserve.
How Seeking Medical Treatment Can Help With Proof of Injuries
It’s crucial to get medical help right away for any injuries from a car accident. Seeing a doctor not only shows how bad your injuries are, but also helps link them to the accident, even if you already had health issues. To keep track, make sure to document your medical care and talk openly with your providers about any past injuries you’ve had. This ensures you’re getting the right treatment and support for your case.
Negotiating a Settlement When There Are Prior Injuries
When it comes to previous injuries, a Colorado Springs car accident attorney with relevant experience knows how to make sure you get maximum compensation. They have all the skills and knowledge to make sure insurance companies don’t bully you out of what you rightfully deserve. By employing these strategies, lawyers can effectively negotiate on behalf of clients with pre-existing injuries, ensuring that they receive fair compensation for their damages in car accident cases.
Lawyers negotiating cases involving previous injuries typically follow a strategic approach to ensure their clients receive fair compensation:
Assessment of Pre-Existing Injuries
The Colorado Springs car accident attorney will thoroughly review the client’s medical history and existing conditions to understand how the previous injuries may impact the current case.
Medical Evidence
Gathering strong medical evidence is crucial to establish the link between the accident and the exacerbation or separate injuries caused by the collision. This may involve obtaining expert opinions, medical records, diagnostic tests, and treatment reports.
Legal Analysis
The lawyer assesses how the pre-existing injuries might affect liability and damages, considering factors such as causation, comparative negligence, and the impact on overall compensation.
Negotiation Strategy
Armed with a deep understanding of the client’s medical history and legal rights, the attorney develops a negotiation strategy tailored to address the insurance company’s concerns regarding pre-existing injuries while advocating for fair compensation.
Documentation and Communication
Throughout negotiations, a Colorado Springs car accident attorney maintains clear communication with the client and effectively presents the relevant evidence to support their claim. They emphasize the impact of the accident on exacerbating or causing new injuries, even in the presence of pre-existing conditions.
Advocacy
The attorney serves as a strong advocate for their client’s interests, skillfully countering any attempts by insurance adjusters to undervalue or deny claims based on previous injuries. They aim to achieve a settlement that accurately reflects the client’s current medical needs and losses resulting from the accident.
The Role of a Colorado Springs Car Accident Attorney in Litigation
When prior injuries are involved in a car accident case and a settlement cannot be reached through negotiation, there is a possibility of litigation, where the case will be brought before a court for resolution. In such instances, the legal process becomes more formalized, involving court proceedings and potential trial.
A car accident attorney plays a crucial role in guiding you through the legal complexities of litigation. They will represent your interests in court, advocating on your behalf to ensure that your rights are protected and that you have the best chance of obtaining a favorable outcome. The attorney will handle all legal aspects of the case, from filing the necessary court documents to presenting evidence and arguments before the judge or jury.
In Colorado Springs, litigating a car accident case typically involves several stages, including pre-trial procedures such as discovery (evidence gathering), deposition of witnesses, and motions. Once the case proceeds to trial, both parties will present their arguments and evidence before the court. The judge or jury will then make a decision based on the evidence presented and applicable law.
Throughout this legal process, your car accident attorney will provide guidance, support, and legal expertise to navigate the complexities of litigation and work towards achieving a successful outcome in your case.
Contact A Colorado Springs Car Accident Attorney Today For A Free Consultation
If you’ve been involved in a car accident in Colorado Springs and are concerned about how your prior injuries may impact your case, don’t wait to seek legal guidance. Contact our experienced car accident attorneys today for a free consultation to discuss your situation. We understand the complexities of these cases and will work tirelessly to ensure your rights are protected and you receive the compensation you deserve. Don’t face this challenging situation alone—reach out to us today for the support and guidance you need.
