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Chicago Personal Injury Blog

Pre-Existing Injuries in a Car Accident

by Jared Staver in Auto Accidents, Personal Injury

There are many people who get involved in car accidents who have pre-existing injuries or illnesses. In some instances, these injuries become aggravated as a result of the accident, or make the person more susceptible to specific injuries from the accident. If you find yourself in this situation, your pre-existing injuries should not prevent you from filing a car accident claim to recover compensation that you are entitled to.

Contact Staver Accident Injury Lawyers, P.C., P.C. at (312) 236-2900 to discuss how to move forward with your car accident claim in light of any pre-existing injuries. We can help you take the necessary steps to protect your rights and collect the evidence you need to support your claim.

Common Pre-existing Injuries

There are many kinds of pre-existing injuries or conditions that a person might have that may be affected by a car accident. For example, if you’ve suffered previous trauma to your back, or have suffered from a chronic spinal condition, a car accident may aggravate your condition to the point of making it debilitating or exponentially increase the pain you may be experiencing. You may have fractured a bone in the past, which makes it more susceptible to being re-fractured in a car accident. You may also have some pre-existing soft tissue injuries that become worse or morph into more chronic conditions because of trauma you experienced in an accident.

Effect of Pre-existing Injuries on Recovering Compensation

Under Illinois law, pre-existing injuries are considered part of the unique traits and characteristics of individuals who are involved in car accidents, and those traits will not prevent you from getting compensation if your conditions are aggravated or worsened by a car accident. For example, if you already had a back injury or suffered from arthritis, and because of a car accident the pain you are experiencing from the arthritis is worse or your back injury has been aggravated to the point of partial paralysis, you are entitled to compensation for that aggravated condition.

Additionally, if a pre-existing condition made you more susceptible to injuries, you are still entitled to compensation, even if other people who did not have pre-existing conditions would not have been injured by the accident in the same way.

Evidence of Prior and New Injuries

When considering pre-existing injuries, you should consider the relevance of those injuries to the accident. There are many factors in this consideration, including whether the injuries you suffered are similar in nature or in the same area of the body. Additionally, the timing of the injuries may also be a factor, as well as the seriousness and cause of the prior injuries. Evidence such as medical records will play a critical role in the outcome of these cases.

Call an Experienced Lawyer Today

If you were injured in a car accident and had pre-existing injuries, you need the assistance of an experienced personal injury advocate who can help you with conducting an investigation, collecting evidence, negotiating fair settlements and, if necessary, moving forward to trial. The Staver Accident Injury Lawyers, P.C. has compassionate lawyers who can help you obtain the compensation you are entitled to for your injuries. Pre-existing medical conditions and injuries should not bar you from recovering compensation from your car accident.

Our attorneys have decades of combined experience in personal injury law and will help you determine how to move forward with your claims. Call us today at (312) 236-2900 for a free, initial consultation.