Pre-existing injuries or other health conditions shouldn’t affect how much victims can recover in Alabama car accident claims. Unfortunately, it’s common for insurance companies to blame a pre-existing condition for a victim’s injuries to minimize their claim and deny them fair compensation. But car crashes can and do aggravate pre-existing conditions — and if a collision worsens your symptoms, you deserve compensation for your medical expenses and related losses.
Here’s the good news: An experienced Alabama car accident attorney can help you fight back if an insurer tries to use your health against you. Call or contact Stokes Stemle, LLC today for help pursuing full and fair compensation for your injuries. Your first consultation is free and there’s no obligation, so you have nothing to lose.
What Are Pre-Existing Conditions?
A pre-existing condition is any injury or illness you sustained before the auto accident that injured you. Common examples include:
Back Injuries
If someone has a prior back injury, like a herniated disc or chronic lower back pain, a collision can cause further damage to the spine, leading to more intense pain or limited mobility. Aggravating a pre-existing back injury can result in the need for additional treatment or surgery for injured drivers or passengers.
Neck Injuries
A person with a history of neck problems, such as whiplash or a bulging disc, could see those injuries flare up after a traffic accident. Even minor crashes can strain or tear muscles and ligaments in the neck, making it harder for a person to manage their pain.
Arthritis
If someone with arthritis gets in a motor vehicle accident, the force of impact can worsen their condition, leading to increased swelling, stiffness, and pain in the affected joints, especially in the knees, hips, or hands.
Heart Conditions
People with heart conditions may experience complications after a car accident. The stress of the crash can trigger heart problems, such as chest pain or an irregular heartbeat, making their condition worse and potentially life-threatening.
Head Injuries
After a concussion or other traumatic brain injury (TBI), another blow to the head can cause a secondary brain injury with aggravated or new symptoms, like headaches, dizziness, or memory problems.
Knee Injuries
A car accident can add additional strain on the knee joint for a victim with prior problems, such as a torn ligament or cartilage damage, potentially re-injuring the knee.
Shoulder Injuries
Pre-existing shoulder injuries, such as a rotator cuff tear or chronic dislocation, can be aggravated by the sudden force of a crash. New damage to the shoulder can make it hard for a person to perform everyday tasks.
Spinal Cord Issues
People with prior spinal cord conditions like spinal stenosis could face more severe complications after a car wreck. An automobile accident can compress or injure the spinal cord further, potentially leading to nerve damage, paralysis, or increased pain and weakness.
Alabama Laws and Pre-Existing Conditions in Car Accident Claims
Like many states, Alabama uses the eggshell rule (sometimes called the eggshell skull rule) to address situations where someone with a pre-existing condition sustains injuries in a car crash or other incident. This principle states that insurance companies must consider accident victims as they are, including if they had conditions that existed before the crash. Theoretically, the eggshell skull rule means a pre-existing condition shouldn’t affect victims’ ability to recover compensation in car accident injury claims.
In practice, however, insurance companies routinely try to use pre-existing conditions to minimize or deny car accident compensation claims. They often argue that the injuries a car accident victim sustained are solely the result of the pre-existing condition rather than related to the crash. This is why Alabama car accident victims with pre-existing conditions often need skilled legal representation to recover maximum compensation for their injuries.
How Insurance Companies Handle Pre-Existing Conditions
If you have a pre-existing condition, expect the insurance company to scrutinize your car accident claim to link your new injuries to the condition instead of the crash. Adjusters will thoroughly review your medical records and other evidence, looking for signs to support their version of events rather than pay out a fair aggravation of a pre-existing injury settlement. Because of this intense scrutiny, hiring a knowledgeable personal injury attorney to defend your rights to compensation is especially important.
Proving Aggravation of Pre-Existing Conditions
You’ll need robust medical evidence to prove a car accident aggravated your pre-existing condition. First, you need proof of the prior injury and how it occurred. This information is likely already covered in your medical history.
The more challenging part is demonstrating how the accident aggravated your injuries. Your recent medical records can help, but you’ll likely need additional evidence to support your claim. Testimony from medical experts and accident reconstruction specialists can provide more insight into your condition and how the collision worsened it. Your legal team can collect and organize the evidence needed to substantiate your claim, giving you time to rest and recuperate.
Why Choose Our Firm?
You can trust Stokes Stemle, LLC with your car accident claim because:
- You’ll work directly with our attorneys throughout your case.
- Your personal injury claim will be tailored to your circumstances and backed firmly by evidence in accordance with Alabama law.
- Our car accident lawyers have extensive experience taking on large insurance companies and securing maximum compensation for our clients.
- We can assist with finding quality medical treatment that strives for the best possible recovery from your injuries.
- You won’t owe us any attorney fees unless we win your case.
Contact Our Alabama Car Accident Attorneys for Help
Don’t let an insurance company deny you fair compensation because of a pre-existing medical condition. The team at Stokes Stemle, LLC has helped countless Alabama car crash victims beat insurance disputes and recover compensation despite their prior health conditions. Call us today or complete our contact form for a free consultation with a skilled car accident lawyer.
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