Can I Sue for Damages if I Had a Bad Back Before My Car Accident?

By the time we reach our 30s and 40s, we all have some kind of medical issue. Sure, there are some people who are the epitome of health. But even the healthiest people have accidents. You may have a bad back or issues with your knees.

If you get into a car accident, these injuries or medical issues can get a lot worse. Depending on how serious your car crash is, you may end up seriously injured or even permanently disabled.

Just because you did have some issues prior to the accident shouldn’t mean you can’t sue for damages. In fact, you may think there’s no point in filing an insurance claim for your injuries because of your prior conditions. Don’t make this mistake.

You have no idea how much worse your injuries are because of the accident. This is why you need to seek medical treatment immediately following your crash. This way, your doctors can compare your current condition to what it was prior to the accident.

While you can handle your accident claim yourself, it’s a good idea to at least consult with a skilled car accident lawyer in Carrollton. Our auto accident lawyers will do their best to make sure you’re compensated.

What are Some of the Most Common Pre-Existing Conditions?

When someone gets into a car accident, their entire body is jarred. If they had any lingering injuries from years prior, they can be brought right back to the surface. For example, if you hurt your neck playing football in college, a serious car accident can reignite that injury all over again.

Some of the more common types of issues that can be exacerbated by a car wreck in Carrollton include:

  • Neck injuries
  • Back injuries
  • Knee injuries
  • Shoulder injuries
  • Any prior traumatic brain injuries

Another issue you may have to deal with are broken bones. If you broke a bone as a child or teenager, it’s more liable to break as an adult. This means that you could suffer a broken bone in your car accident. If this happens, you should be entitled to compensation.

The Defendant Will Claim You Already Had Your Injuries

You have to remember – your attorney will be fighting to help you sue for damages. The other driver’s lawyer is going to be working hard to prove that you were at fault. Or they’ll try to find some other way to show that you’re not entitled to damages.

One of the best ways to do this is to argue that you had your injuries long before the accident. They’ll go back at least ten (10) years’ worth of medical records to prove that you had pre-existing conditions.

Your attorney needs to know everything upfront. Be honest about any injuries you had prior to the crash. You don’t want them to be blindsided by the defendant’s attorney. Besides, it’s all going to come out sooner or later anyway.

Your Damages May Not Be as High as You Wish

You do need to have realistic expectations when it comes to damages. You won’t get as much money as someone who had no pre-existing conditions. And, this makes sense. Why should the defendant pay for medical treatment for injuries you would’ve had whether you got into an accident or not.

Your Carrollton car accident lawyer knows this. They will remind you of this as well. When they go into settlement negotiations, they have to keep this in the back of their heads. This doesn’t mean you’re going to get nothing. While there’s always a chance of this, that doesn’t mean you’re out of luck because you had pre-existing injuries.

Your attorney will fight to make sure you get as much money as possible. They’ll also make sure whatever settlement you make will cover your medical bills. You may not get as much in pain and suffering, but the goal of your lawsuit is not to get rich. It’s to make you whole.

Contact an Experienced Car Accident Lawyer in Carrollton

If you or your loved one has been injured, you may need the help of a personal injury lawyer in Carrollton. They understand that you may have been injured prior to the accident. They also understand that you are entitled to sue for damages.

Call the Law Office of John B. Jackson today and schedule your free initial consultation. You can sit down with an attorney who knows how to handle your case. And remember – you pay nothing until you settle your case.