If you were the victim of a car accident that aggravated a pre-existing condition in North Carolina, can you seek compensation? Fortunately, the answer is yes – depending on the circumstances. However, seeking the compensation you need for the worsening of your pre-existing condition can be challenging without solid medical evidence detailing your condition and the impact the collision has had on it. Not only that, but you still have to prove the at-fault party caused the car accident.
Insurance companies frequently look for any excuse they can find to deny or devalue valid claims from injured parties. Accident victims with pre-existing conditions can easily be exploited in this way. For legal assistance with your personal injury claim, contact Younce, Vtipil, Baznik & Banks, P.A. in Raleigh at 919-661-9000. We’ll provide a free consultation where we’ll review your case and answer any questions you have.
What Are Pre-Existing Conditions?
A pre-existing condition is any medical issue you had before the car wreck. This can include traumatic injuries, stress injuries, illnesses, and even mental health conditions. Some common examples of pre-existing conditions that may play a role in your car accident claim include:
- Degenerative back or neck conditions
- Arthritis or osteoarthritis
- Old fractures
- Previous concussions or traumatic brain injuries
- Chronic pain, including fibromyalgia
- Anxiety, post-traumatic stress disorder (PTSD), or other mental health issues
Just because you had a pre-existing health condition doesn’t mean you can’t seek compensation after a collision that someone else caused. Car crashes frequently aggravate or worsen pre-existing conditions. Sometimes the accident victim was unaware that they even had a condition, such as degenerative discs in their spine because they caused no pain. The trauma from the car accident activated a previously asymptomatic condition and made it suddenly very painful and hard to treat.
For example, while you may have a medical history of back pain, your symptoms may have been mild and sporadic until the accident caused them to become severe and constant. In these kinds of cases, North Carolina allows you to pursue compensation despite your pre-existing condition.
What Is the Peculiar Susceptibility Doctrine?
North Carolina follows a legal principle known as the Peculiar Susceptibility Doctrine, encapsulated in North Carolina Pattern Jury Instruction 102.20. In deciding whether the victim’s injury was a reasonably foreseeable consequence of the at-fault driver’s negligence, the jury must determine whether such negligent conduct could reasonably have been expected to injure a person of ordinary physical or mental condition. Otherwise, the harmful consequences resulting from the defendant’s negligence would not be reasonably foreseeable and, therefore, would not be a proximate cause of the victim’s injury.
Your lawyer can fight against arguments that your pre-existing injuries, not the accident, were to blame for your current condition by providing strong medical evidence.
How Can Our Lawyers Help Prove the Car Accident Aggravated the Pre-Existing Injury?
When the insurance company claims your injuries have nothing to do with the crash due to your pre-existing condition, our lawyers are here to help. We can seek to demonstrate that the car wreck directly aggravated or activated your condition by:
- Comparing your medical records before and after the accident to document any new symptoms, treatments, or changes in your condition that may be attributed to the crash
- Working with medical experts, including doctors and specialists, to gather their opinions on how the accident affected your condition
- Establishing a timeline of events and demonstrating how your symptoms worsened or were aggravated directly following the crash
- Obtaining key witness testimony from family, friends, and coworkers who can explain how your condition changed after the collision and how this change affects your life and ability to work
- Pushing back against the tactics the insurance company uses to blame your current injuries entirely on your pre-existing condition
Building a strong case when you have a pre-existing condition aggravated by a car accident takes knowledge and dedication. Our North Carolina car accident attorneys are committed to using our decades of experience to fight for the compensation you deserve.
Compensation for Aggravated Pre-Existing Conditions After a Car Accident
If a car accident someone else caused in North Carolina worsened your pre-existing condition, you may be entitled to compensation for your additional harm, including:
- Current and future medical expenses related to the accident, including surgeries, hospital stays, prescription medications, medical treatments, medical devices, and physical therapy
- Lost wages and loss of future earning potential caused by the worsening or aggravation of your pre-existing condition
- Physical pain and emotional distress caused by the accident, including exacerbated chronic pain conditions, anxiety, or PTSD
- Reduction in your quality of life due to your aggravated condition, such as if it makes it difficult for you to spend time with your family, enjoy hobbies, or travel
- Permanent disability or impairment directly resulting from the worsening of your condition
However, it’s important to note that you can only recover compensation for the aggravation of your pre-existing condition – not the original condition or injury. It’s vital that you work with a lawyer who can accurately assess a fair value for your worsened condition and new injuries, particularly if your injuries will have long-term consequences.
Get in Touch with Our Car Accident Attorneys for Help
If you have a pre-existing condition made worse by a car accident someone else caused, contact Younce, Vtipil, Baznik & Banks, P.A. in Raleigh for a free consultation with a skilled and knowledgeable car accident attorney. Our lawyers have over 90 years of combined experience and have settled over $120 million in personal injury cases for our clients. See what one former client had to say about working with us:
“Excellent communication and was very effective in analyzing the situation and working diligently to resolve the issues. I was very pleased with the professionalism and expertise of the staff and highly recommend them.” – Theodocia Shabazz
We’ll also do everything we can to care for you by making sure you get hands-on treatment, care, and personal attention. And our state-of-the-art case tracking system and staff members fluent in English and Spanish make getting the help you need simple. Reach out today at 919-661-9000 to get started.
About the Author
Robert C. Younce, JR
Robert C. Younce is an attorney at Younce, Vtipil, Baznik & Banks, P.A. and concentrates his law practice on personal injury and workers’ compensation law. He has tried over 100 workers’ comp cases to Opinion and Award and about a dozen personal injury jury trials to verdict. He has been board-certified by the North Carolina State Bar as a specialist in workers’ compensation law since 2001.
