The Impact of Pre-Existing Injuries on Car Accident Claims
Personal Injury Law
Car accidents can be life-changing events, often leading to physical injuries and emotional trauma. But what if you had pre-existing injuries before the accident? How do these prior conditions impact your ability to seek compensation for the injuries sustained in the accident?
This blog post aims to shed light on this complex issue, helping you navigate the legal landscape with compassion and clarity.
The Complexity of Pre-Existing Injuries
Pre-existing injuries or medical conditions are not uncommon. Many people live with them, managing their conditions to the best of their abilities. However, when a car accident occurs, these pre-existing conditions can complicate matters, both medically and legally.
How Pre-Existing Injuries Are Assessed
In Michigan, when you file a car accident claim, your pre-existing injuries are typically assessed in the following ways:
1. Aggravation of Pre-Existing Conditions
If the car accident worsened or aggravated your pre-existing injuries, you may still be eligible for compensation. Michigan law acknowledges that an at-fault party must take the victim as they find them. This means that even if you had pre-existing injuries, the negligent party is still responsible for any exacerbation of those injuries caused by the accident.
2. Separate and Distinct Injuries
Car accidents can cause a wide range of injuries. If the injuries sustained in the accident are separate and distinct from your pre-existing condition, you should still be eligible for compensation related to those new injuries.
3. Consultation with Medical Experts
Your medical records and expert medical opinions are critical in determining the impact of pre-existing injuries on your car accident claim. Consulting with medical professionals who can clearly differentiate between the pre-existing and accident-related injuries is crucial.
Establishing Causation
In Michigan, one of the key factors in determining the impact of pre-existing injuries on your car accident claim is establishing causation. Your attorney will work to demonstrate that the accident directly caused or worsened the injuries in question.
Car accidents are stressful events, made even more complicated when pre-existing injuries are involved. However, Michigan law recognizes the importance of treating each case individually, acknowledging that the at-fault party must take responsibility for the injuries they caused or worsened.
If you or a loved one is dealing with the aftermath of a car accident involving pre-existing injuries, remember that legal support is available to guide you through this challenging journey. Seeking the help of a compassionate attorney can make all the difference in securing the compensation you need to move forward with your life.
Discuss Your Case with a Car Accident Attorney in Michigan
If you were seriously hurt in a wreck through no fault of your own, turn to the compassionate team at Smith & Johnson for strategic legal guidance. We’ll examine the situation from all angles to help you determine how best to proceed. Then, we’ll help you build a compelling case, so you can seek every dollar you deserve. Contact Tim Smith (tsmith@smith-johnson.com) or complete the Contact Form on our website to schedule a free case review with a car accident lawyer in Michigan.