Understanding Damages in Auto Accidents for Pre-existing Conditions
When it comes to auto accident claims, navigating the complexities of pre-existing conditions can be one of the most challenging aspects for victims. Many individuals are unsure about their rights when an accident worsens an existing injury. Understanding how the law treats such situations is vital to ensuring that victims receive fair compensation for their suffering and losses. This article breaks down the critical elements of claiming damages when pre-existing conditions are aggravated by an accident.
The Legal Entitlement to Damages
In Pennsylvania, individuals with pre-existing conditions are entitled to damages if their injuries are aggravated by an auto accident. This principle is central to personal injury claims and ensures that victims are compensated for the increased harm they experience. To successfully claim damages, the injured party must prove that the accident directly worsened their pre-existing condition. For example, someone with a manageable bulging disc may find that an auto accident causes it to become herniated, resulting in more pain and a longer recovery time.
Key points to consider in these cases:
- The injured party must show that the accident aggravated their existing injury.
- The law allows compensation for both physical and emotional distress caused by the worsening condition.
- The evidence required includes medical records that demonstrate the condition’s progression due to the accident.
Non-Economic Damages Explained
While medical expenses and other tangible costs are the most obvious damages in an auto accident case, non-economic damages play a crucial role, especially when dealing with pre-existing conditions. These damages compensate for pain, suffering, and emotional distress resulting from the exacerbation of an injury. For example, the physical pain associated with a worsened condition can significantly impact a person’s day-to-day life, while emotional distress may manifest in anxiety, depression, or decreased quality of life.
Non-economic damages may include:
- Pain and suffering: Compensation for physical pain and the emotional toll caused by the aggravation of an injury.
- Loss of enjoyment of life: When a pre-existing condition becomes worse, it may prevent the individual from engaging in activities they once enjoyed.
Emotional distress: The anxiety and emotional burden caused by the accident and the subsequent worsening of a condition.
Limitations in Claims for Non-Worsened Conditions
It’s important to note that not all claims involving pre-existing conditions will be successful. If an accident did not worsen a pre-existing condition, it may be difficult to prove that the accident caused additional harm. In cases where the accident did not impact the existing injury, there is a higher chance that the claim for damages could be denied or significantly reduced.
The following factors can influence the outcome:
- No aggravation of the injury: If the evidence shows that the accident did not worsen the pre-existing condition, the individual may not be entitled to additional damages.
- Pre-existing condition stability: If the condition was stable and managed prior to the accident, proving that the accident worsened it could be challenging.
Medical evidence: Strong, clear medical records are necessary to show that the condition was aggravated, and without them, the claim may be limited.
The Importance of Expert Testimony
In many cases, proving that an accident worsened a pre-existing condition requires the testimony of medical experts. These experts can evaluate the medical history of the individual, review diagnostic tests, and offer their professional opinion on whether the accident was a direct cause of the condition’s deterioration. Their testimony helps establish a clear link between the accident and the aggravated injury, ensuring that victims receive the compensation they deserve.
Expert testimony can help in:
- Establishing causation: Expert opinions can link the worsening of a condition to the accident.
- Clarifying the extent of the damage: Medical experts can explain how the injury affects the person’s daily life and long-term health.
Supporting non-economic claims: Experts can testify to the emotional and psychological effects of living with a worsened injury.
Final Thoughts
If you have a pre-existing condition and have been involved in an auto accident, it’s crucial to understand your legal rights. You may be entitled to compensation for both the physical aggravation of your injury and the emotional distress caused by the accident. Working with an experienced lawyer can help you navigate the complexities of your case, ensuring that you receive the appropriate damages for the harm caused.
If you need a Pennsylvania lawyer who can review your potential case, contact Tetlow Law today. Call 412-248-9600 or email us here to schedule your free consultation.