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
Can I file a claim if I had a prior injury?
Yes. You can recover compensation if the accident worsened your condition.
Will insurance deny my claim?
Insurance companies may challenge the claim, which is why documentation is important.
How do you prove a pre-existing injury was aggravated?
Medical records comparing your condition before and after the accident are key.
Do I need a lawyer for this type of case?
These claims are often more complex, and legal guidance can help protect your rights.
How long do I have to file a claim?
In South Dakota, you generally have three years to file a personal injury claim.
