What if My Buffalo, New York, Car Accident Aggravates An Existing Injury?

Jed Dietrich, Esq., Commended as a Member of the Multi-Million Dollar Advocates Forum, and His Highly Influential Team of Lawyers at the Dietrich Law Firm P.C., An American Institute of Personal Injury Attorneys 10 Best Personal Injury Law Firm, Battle to Obtain the Highest Possible Compensation for Victims Whose Car Accident Worsened a Pre-existing Condition in Buffalo, New York, Throughout Erie County, and Beyond.

Whether due to a prior accident, chronic health problem, or even a result of aging, many people contend with pre-existing conditions. Car accidents are an unfortunate part of driving and can happen anytime. When someone with a pre-existing injury is involved in a collision, they may worry about the impact it will have on their case. It would be unreasonable to hold the negligent driver liable for injuries that they did not cause. However, when the accident worsens an injury or medical issue that the victim was already struggling with, the at-fault driver should be held responsible.

If a rear-end collision causes an older man with a degenerative bone condition to suffer a broken leg, as well as back injuries, it does not mean that the defendant should be less liable for the damages. On the other hand, if the man already had prior back issues, his lawyer would have to show that the crash worsened the condition. Although New York law allows victims to recover damages for the aggravation of a prior condition, most insurance companies make it extremely difficult. Insurance companies are always looking to save money and limit potential liability by uncovering pre-existing conditions and disputing losses. That is why it is crucial to hire a highly experienced collision lawyer who specializes in demonstrating the aggravation of previous injuries.

At the Dietrich Law Firm P.C., our battle-tested attorneys are experts at establishing an accident’s negative impact on pre-existing conditions. In 2005, Jed Dietrich, Esq., applauded as a Best Lawyer of America, started the Dietrich Law Firm P.C. with a mission to provide the highest standard of personal injury representation to accident victims throughout Western New York. No other law firm is as determined and dedicated to delivering you the greatest possible outcome for your case. The Dietrich Law Firm P.C.’s seasoned litigators will support you throughout your entire case and treat you with the respect that you deserve. Please get in touch with our veteran attorneys now at 716-839-3939 or by filling out the online consultation form. The best part is that you will never have to pay anything until we WIN your case!

Pre-existing injuries and conditions refer to any ailment that predated the collision that a victim is presently claiming. Some prior injuries and health conditions can be catastrophically altered by the force of car accidents. When the antedated injury is associated with the same part of the body that the victim is pursuing damages, it can pose a unique set of challenges. For instance, jurors may have trouble deciphering what constitutes reasonable compensation for the injuries worsened by the defendant’s negligence. While numerous possible prior conditions could be negatively impacted in a collision, some of the most common pre-existing injuries claimed include:

1. Strains and sprains;
2. Knee injuries;
3. Herniated discs;
4. Whiplash;
5. Back pain;
6. Neck injuries;
7. Previous fractures; and
8. Traumatic brain injuries (TBIs), with this pre-existing condition, the risk of suffering another head injury is extremely high.

Car accidents can also aggravate prior chronic or degenerative medical conditions, such as diabetes, arthritis, degenerative disc disease, cardiovascular disease, and fibromyalgia.

Some car accident victims consider not disclosing their pre-existing conditions, assuming that they will not receive adequate compensation for their injuries. The Dietrich Law Firm P.C.’s highly qualified litigators recommend never trying to hide any health problems that existed before your collision. It is extremely important to be completely transparent with your attorney. Just because you have a predating injury does not mean you cannot obtain reasonable compensation if the accident worsens it. According to New York law, negligent motorists must take accident victims as they are found. Therefore, even when a victim was hurt more severely because of an antecedent condition than someone without it would have been, the damages are still the liable party’s responsibility. For instance, suppose that you had a back injury that required prescription painkillers and rehabilitation, but after the crash, surgery was needed to repair a ruptured disc. In that case, money would be necessary to compensate for the surgery and other related damages.

While insurance adjusters may refuse to pay for previous injuries, they must pay for new injuries as well as those aggravated by the defendant. Nevertheless, insurers and defense lawyers often try to make a recovery harder by focusing on the severity of pre-existing conditions. Additionally, jurors can have difficulty deciding how the predated condition was exacerbated and determining the value of aggravation claims. Every car accident claim is unique, and the evidence needed to demonstrate the worsening of a pre-existing injury varies from case to case. Some tactics our leading lawyers may use to prove that the collision worsened your prior condition include:

1. Medical Records: We will discuss the injuries with your treating physician and have our medical experts review your records before and after the collision. When X-rays and MRIs after a crash show obvious changes in severity, it can make proving aggravation more straightforward. If the victim has not been treated for years and suddenly needs surgery after an accident, that is an obvious sign of worsening. Our expert witnesses can testify and explain the differences in your condition after the accident.
2. Employment Records: If you rarely missed work before the collision, but since then, you have been unable to work or forced to change to a sedentary position, this is good evidence of exacerbation.
3. Witnesses: Testimony for coworkers, neighbors, significant others, and hired aides can all be extremely helpful in demonstrating changes to your condition.
4. Hobbies: If you had to give up physical hobbies that you previously enjoyed, such as working out, hiking, or bicycling, this could provide solid evidence of aggravation.

The Dietrich Law Firm P.C.’s elite team realizes that car crashes involving pre-existing conditions can be extremely nerve-wracking. You can rest assured that our seasoned litigators will do whatever is necessary to show that the collision worsened your predated injury. While these types of cases are unique, and your compensation will depend on the severity of your injuries, we promise to do everything in our power to get you the highest possible compensation. The Dietrich Law Firm P.C. strives to provide the highest level of personal injury representation to accident victims. Insurance companies have paid Jed Dietrich, Esq. more than $175,000,000.00 in verdicts and settlements to resolve his client’s cases. Jed Dietrich, Esq., and his battle-tested team offer free lawsuit evaluations and consultations. We would be honored to speak to you about your accident and pre-existing conditions. Our top rated team is available twenty-four-seven at 716-839-3939 or by completing the online consultation form.

Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!