Damage from automobile accidents can be severe and include psychological and bodily distress. A car accident can not only cause new injuries for people who already have chronic or pre-existing injuries, but it can also worsen their symptoms. You still have many legal options, even if your pre-existing condition worsens because of a car accident. Contact a Wyoming personal injury lawyer to get legal advice on your personal injury case.
Some examples of pre-existing medical conditions are:
- Muscle and bone pain
- Slip disc
- Brain injuries
- Back pain
It is critical to understand that not all accidents worsen pre-existing injuries. Pre-existing medical issues may also exacerbate the effects of the accident. Or, to put it differently, a medical condition that already existed before the event could significantly impact the outcome of the accident. Some examples of such conditions are:
- Heart diseases
- High/low blood pressure
How does having a pre-existing condition complicate a claim?
It is a well-known law that any compensation you get (“damages”) when you choose to file a personal injury claim following an accident will not consist of reimbursement for injuries or ailments that existed before the event. Nevertheless, if the responsible party’s negligent or other unlawful actions worsened your pre-existing ailment, the at-fault party may be held legally accountable for those consequences. A pre-existing condition or ailment can make it more challenging to establish liability and claim damages, despite the simple rule. This is because of the complex nature of the human anatomy and the challenges associated with demonstrating causation in some situations.
How do you determine “damages”?
It might be challenging to determine the specific compensatory damages you should get, even though you can demonstrate that the incident made your pre-existing injury severe. Other damages, such as clearly calculable lost wages from missing work, may also exist along with the medical expenses. The challenge arises when attempting to quantify your more individualized and immeasurable losses, such as “pain and suffering.” Calculating these losses in the absence of an existing injury is challenging enough. But the process becomes even more complicated when the mishap aggravates the earlier injury. And no matter what estimates you do, you can be sure the individual who caused your injuries would think your total amount is unreasonable.
The eggshell plaintiff rule:
The accused in a case is accountable for any unexpected outcomes that the plaintiff suffered due to the negligence of the defendant, according to the eggshell plaintiff rule, also known as the eggshell skull rule. In short, the defendant would be responsible for compensating the plaintiff for unforeseeable aggravated pre-existing injuries. Along with the exacerbation of pre-existing ailments or any new medical disorders that may emerge, the accused would ultimately be liable for any further injuries due to their carelessness.