Many people are living with chronic illnesses and long-term injuries that may limit their mobility and day-to-day activities. With over 5 million car accidents in the United States each year, many of these individuals will find themselves in an accident that could worsen their pre-existing condition. However, if you are pursuing a personal injury lawsuit, this can have an impact on your case. It is important to work with an experienced personal injury lawyer in Knoxville who will help ensure you get the compensation you deserve.

Pre-Existing Conditions & Injuries Not Linked to Your Accident

Following a car accident, you may be entitled to compensation for any injuries sustained as a result of the accident. A personal injury lawyer in Knoxville will help you to start a lawsuit to recover these damages. However, you will not be entitled to compensation for any existing injuries or illnesses that you were dealing with prior to the accident. For example, if you were already suffering from an old football injury affecting your knee, you would not be entitled to compensation for it. Still, you would be able to claim for the whiplash and head injury sustained in the accident. Your personal injury lawyer in Knoxville will help you separate out the eligible and non-eligible injuries based on your medical records to best support your personal injury claim.

When Can Pre-Exisiting Injuries be Eligible for Compensation?

Where this type of personal injury lawsuit gets trickier is that an existing injury or condition can be aggravated or exacerbated due to an accident. If that is the case, then you could be eligible for compensation even though it is technically a pre-existing condition. However, you will need to prove that it was worsened by the accident, and this may not be particularly easy. An insurance provider who sees a pre-existing condition in your medical records will do everything in their power to dismiss your claim based on the fact that you were already injured at the time of the accident. You will need an experienced personal injury lawyer in Knoxville to be on your side to fight for the compensation owed to you.

Some examples of a pre-existing injury or condition being exacerbated by an accident might include:

  • A chronic illness like Lupus that is triggered by stress and/or trauma could be in remission for an extended period of time only to flare up following the car accident.
  • Someone who has arthritis in their joints may find that the pain and inflammation increase following a car accident.
  • A mild neck injury could be aggravated if the individual suffers from whiplash during a car crash.
  • If the individual recently had surgery to repair a leg injury and that leg was reinjured in the car accident.

The biggest challenge when dealing with a pre-existing condition during a personal injury lawsuit is proving that the accident made it worse. It can be easier when it is a fully healed injury that was reinjured, but proving the aggravation of a partially healed one can be tricker. It is essential to choose a personal injury lawyer in Knoxville who has experience in dealing with these types of cases.

Clear Evidence is Crucial to a Successful Lawsuit

Evidence is an important part of any personal injury lawsuit, but even more so when a pre-existing condition is in the mix. Your personal injury lawyer in Knoxville will use the available evidence from your medical records and other sources to support your claim. The evidence must be presented in the being to avoid looking like you are shaping it to respond to the insurance company as the lawsuit proceeds.

Your medical records will be the primary source of evidence, and it is important that they state clearly how the accident has aggravated your pre-existing conditions. It is also helpful if they will detail any new limitations you are facing and how your recovery time has been impacted. Your personal injury lawyer in Knoxville will also look at some additional sources for evidence that might help to support your case. These might include:

  • Expert testimony from your physician and/or physical therapist
  • Photographs of your injuries (both before and after the accident)
  • Testimony from individuals in your life who can explain the changes in your condition (friends, family, or co-workers)
  • Accident reports and witness testimony that describes how you were injured.

If you have been injured in a car accident but are concerned about how your pre-existing condition might impact a compensation claim, meet with an experienced personal injury lawyer in Knoxville to find out how best to proceed.

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Butler, Vines and Babb is a leading law firm in Knoxville, TN, with extensive litigation experience in Medical Malpractice Law, Birth Injury Law, Trucking Accident Law, Personal Injury Law, and Business Law. Contact us today at www.bvblaw.com or call 865-637-3531.

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