If you had a prior injury before a crash, you may still have a valid claim. Many accidents in Sioux Falls worsen existing conditions, leading to increased pain, limited mobility, and additional treatment. A Sioux Falls car accident lawyer for pre-existing injuries can help you pursue compensation for the impact the accident had on your condition.
How Car Accidents Affect Pre-Existing Injuries
Car accidents can aggravate or worsen prior injuries. The law allows you to recover compensation when a crash makes an existing condition worse.
Aggravation of Existing Conditions
An accident may increase the severity of a prior injury, even if that condition existed before the crash.
Common Pre-Existing Conditions Affected
Some conditions that are often worsened by accidents include:
- Back and spinal injuries
- Neck injuries and prior whiplash
- Joint damage or arthritis
- Previous surgeries or chronic pain conditions
You Can Still Recover Compensation
Having a pre-existing condition does not prevent you from filing a claim. The key issue is whether the accident made your condition worse.
The “Eggshell Plaintiff” Principle
Under the law, a driver can be held responsible for the full extent of harm they cause, even if the injured person was more vulnerable due to a prior condition.
Proving the Difference
Your claim focuses on the change in your condition after the accident compared to before.
How Pre-Existing Injuries Affect Your Claim
Claims involving prior injuries often require more detailed evidence and documentation.
Insurance Companies May Challenge Your Claim
Insurance companies often argue that your pain existed before the accident and try to minimize compensation.
Medical Records Are Critical
Clear medical documentation helps show how your condition changed after the crash.
Fault Still Matters
You must still prove that another driver caused the accident through negligence.
What to Do After a Car Accident With a Pre-Existing Injury
Taking the right steps can help protect your claim and demonstrate how your condition was affected.
Seek Medical Care Right Away
Early evaluation helps document changes in your condition.
Be Honest About Your Medical History
Provide accurate information about prior injuries while clearly explaining new or worsened symptoms.
Follow Treatment Plans
Consistent care helps show the impact of the accident on your condition.
Document Changes in Your Condition
Keep track of increased pain, new symptoms, and limitations in daily activities.
Learn more:
https://northernplainsjustice.com/what-to-do-after-car-accident-sioux-falls/
Why You Need a Sioux Falls Car Accident Lawyer for Pre-Existing Injuries
Cases involving pre-existing injuries require careful handling to show how the accident affected your condition.
Separate Old Injuries From New Damage
A lawyer can work with medical records and experts to show what changed after the crash.
Handle Insurance Disputes
Insurance companies often try to deny or reduce these claims. Legal representation helps protect your rights.
Maximize Compensation
A lawyer can pursue compensation for additional treatment, lost income, and long-term impacts.
When to Contact a Lawyer
You should consider speaking with a lawyer if:
- Your condition worsened after the accident
- The insurance company disputes your claim
- You need ongoing treatment
Common Questions About Pre-Existing Injuries After a Sioux Falls Car Accident
Insurance companies often use pre-existing injuries to dispute or reduce car accident claims. These frequently asked questions explain how prior injuries may affect your case and what evidence can help protect your right to compensation.
Can I recover compensation if I had a pre-existing injury before the crash?
Yes. A pre-existing injury does not automatically prevent you from recovering compensation. If the car accident worsened your condition, aggravated old symptoms, or caused new limitations, you may still have a valid injury claim.
Can insurance companies use a pre-existing injury against me?
Yes. Insurance companies often argue that your pain or medical treatment is related to an old injury instead of the crash. Medical records, doctor opinions, and evidence of symptom changes can help challenge that argument.
What does it mean if a car accident aggravated a pre-existing condition?
Aggravation means the accident made an existing condition worse. This may include increased pain, reduced mobility, new symptoms, additional treatment needs, or a condition that becomes harder to manage after the crash.
Should I tell my doctor about old injuries after a car accident?
Yes. Be honest with your doctor about your medical history and explain how your symptoms changed after the crash. Clear medical documentation can help separate old problems from injuries or aggravation caused by the accident.
What evidence helps prove a crash made my condition worse?
Helpful evidence may include medical records before and after the crash, diagnostic testing, treatment notes, pain journals, work restrictions, witness statements, and doctor opinions explaining how the accident changed your condition.
Can I recover damages for new symptoms after a car accident?
You may be able to recover damages for new symptoms, increased pain, additional treatment, lost wages, and other losses caused by the accident. The key issue is whether the crash caused or worsened the condition.
How can a Sioux Falls car accident lawyer help with a pre-existing injury claim?
A lawyer can gather medical records, work with doctors, respond to insurance company arguments, document how the crash worsened your condition, and pursue compensation for the harm caused by the accident.
Were you injured in Car Accidents in South Dakota? The attorneys at Northern Plains Justice, LLP are ready to review your case and help you understand your legal options — at no cost to you.
Get Your Free ConsultationThis article is provided for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Northern Plains Justice, LLP. Every case is different, and you should consult a qualified attorney about the specific facts of your situation.
