What Happens When A Car Accident Aggravates A Pre-Existing Injury In Rhode Island?

Have you been in a car accident that worsened an pre-existing injury? In Rhode Island, understanding how this affects your settlement is crucial for obtaining fair compensation.

If you already had an injury before an accident, you might be wondering how it affects your personal injury claim. The reality is that an aggravated pre-existing injury can make the process complicated. Insurance adjusters may attempt to attribute your pain solely to prior injuries, potentially minimizing your claim. However, Rhode Island law protects your right to recover damages for the aggravation of pre-existing conditions. Therefore, understanding how to prove your case is essential.

This guide will help you understand the legal aspects, challenges, and strategies involved in seeking an aggravated injury settlement in Rhode Island.

What Is The Aggravation Of A Pre-Existing Condition Or Injury?

An aggravation of a pre-existing injury occurs when a car accident worsens a pre-existing injury. Unlike a new injury, which results directly from the accident, an aggravated injury means that symptoms have intensified or that the issue or injury that existed has become more serious as a direct result of the accident. This could mean increased pain, reduced mobility, additional complications, or the need for further treatment. Insurance companies may argue that these injuries were inevitable or the accident could not have contributed to them. However, the law allows for compensation when evidence proves that the health issue or injury was worsened by an accident.

For instance, someone with a prior back injury might have managed their condition with physical therapy. However, if they were in a car accident, the impact could worsen the condition, causing severe pain, heightened discomfort, mobility issues, or long-term complications. This would be considered an aggravated injury and can influence how claims are evaluated and the type of compensation to which you may be entitled.

How Does The Aggravation Of A Pre-Existing Injury Affect My Accident Settlement Amount?

When a car accident exacerbates a pre-existing injury, it can complicates the settlement process. Insurance companies often scrutinize such claims to determine the extent to which the  pre-existing condition, rather than the accident, is responsible for the current symptoms. They often argue that the pain or complications were present before the accident, aiming to minimize or deny compensation.

Establishing causation in such cases is challenging and requires comprehensive medical evidence showing a clear link between the accident and the worsening of the condition. Some factors that may influence the pre-existing injury settlement amount include:

• The severity of the aggravation
• Medical records showing a change in condition post-accident
• Witness testimony from medical professionals
• The level of impact from the car accident

Proving the connection between the accident and the worsened injury is key to securing fair compensation. Therefore, it’s essential to meticulously document all aspects of your medical condition and seek legal guidance to navigate the claims process effectively.

Can I Get Compensation For An Aggravated Pre-Existing Injury?

In Rhode Island, the law acknowledges the aggravation of pre-existing conditions, allowing victims to seek compensation for the exacerbated injury. The key is to show that the accident caused the worsening of the prior injury rather than it being a natural progression of the existing condition.

Rhode Island follows the “eggshell plaintiff” rule. This legal principle ensures that even if a victim had a pre-existing condition that made them more susceptible to injury, the at-fault party is responsible for the full extent of the victim’s injuries. For example, if a person with a prior back injury experiences increased pain and mobility issues after a crash, they are still entitled to compensation for the worsened condition. This ensures that insurance companies cannot deny a claim simply due to their pre-existing medical issue.

What Types Of Pre-Existing Conditions Are Commonly Aggravated In Car Accidents?

Some common pre-existing medical conditions and injuries that may be aggravated by an accident include:

Back And Neck Injuries

Conditions like herniated discs, whiplash, chronic back pain, or a pre-existing neck injury can worsen due to the sudden force of an accident. The jolt from a collision can place added stress on an already compromised spine, leading to prolonged pain and reduced mobility.

Arthritis

Joint inflammation can become more severe following trauma from a crash. The impact may accelerate joint deterioration, leading to increased stiffness and pain that may require ongoing medical treatment.

Fractures And Bone Injuries

Previously healed fractures or bone injuries like osteoporosis may become re-injured or weakened. Even a minor collision can exert enough force to break or displace weakened bones, which may necessitate further treatment or surgery.

Soft Tissue Injuries

The accident impact can exacerbate soft tissue injuries like torn ligaments, muscle strains, or previous sprains. Pre-existing conditions such as rotator cuff injuries or knee injuries can significantly worsen, causing long-term pain and requiring additional rehabilitation.

Head And Brain Injuries

Individuals who have suffered previous concussions or traumatic brain injuries (TBIs) may experience worsened symptoms if involved in another accident. Even mild impacts can lead to cognitive difficulties, headaches, dizziness, and other long-term neurological effects.

Each of these conditions may present new challenges when filing a claim, requiring substantial medical documentation, expert opinions, and legal support to prove the aggravation.

How Do I Prove My Pre-Existing Injury Was Aggravated By The Car Accident?

To prove that a car accident aggravated your pre-existing injury, you must present strong medical evidence that clearly demonstrates a worsening of your condition. The most crucial pieces of evidence include medical records, imaging tests, and expert medical opinions.

Key Medical Evidence

1. Medical Records: Your past and current medical records will serve as the foundation for your claim. These documents should show the state of your injury before the accident and how your symptoms worsened afterward.
2. Imaging Tests: X-rays, MRIs, and CT scans provide visual proof of any physical changes in your injury following the accident. Comparing pre- and post-accident imaging results can highlight how the crash directly affected your condition.
3. Doctor’s Testimony: A written or verbal statement from your physician explaining how the accident impacted your pre-existing condition is crucial. The doctor should outline the increased severity of pain, mobility limitations, or structural damage caused by the accident.
4. Treatment Records: If you require additional treatments such as physical therapy, surgery, or medication adjustments after the accident, these records will help demonstrate that the crash aggravated your condition.

Role Of Medical Experts

In many cases, insurance companies may dispute claims that an accident worsened a pre-existing condition. To counter these arguments, medical professionals or independent experts can provide testimony on your behalf. They can:

• Explain how the accident caused a measurable worsening of your condition.
• Differentiate between normal progression of a pre-existing injury and accident-related aggravation.
• Offer an opinion on the long-term impact of the accident on your health and mobility.

Working with experienced medical professionals and legal counsel, you can strengthen your case and improve your chances of receiving fair compensation for your aggravated injury.

Can I Still Be Held Partially Responsible For My Pre-Existing Injuries Or Conditions In Rhode Island?

Rhode Island follows a pure comparative negligence system, under which your compensation could be reduced if you are partially responsible for the severity of your injury. However, victims with pre-existing conditions are still entitled to compensation if the accident made it worse. The key is proving that the crash was a substantial factor in worsening your condition rather than a result of natural progression.

Insurance companies may argue that your pre-existing condition would have deteriorated over time regardless of the accident. They may use medical records and expert testimony to claim that your condition was already declining, which can make proving liability more challenging. This is where an experienced attorney becomes invaluable. They can help counter these arguments by gathering medical records, securing expert testimony, and demonstrating how the accident directly contributed to your worsened condition.

How Can I Protect My Rights When Dealing With An Aggravated Injury Claim?

To protect your rights and maximize your compensation, consider these steps:

Seek Immediate Medical Attention

After the accident, visit a doctor as soon as possible. Be sure to disclose any pre-existing conditions and describe how your symptoms have changed since the accident. This will create a clear medical record linking the accident to the worsening of your condition.

Maintain Comprehensive Medical Records

Obtain documentation of your health status before and after the accident. This includes past medical records, imaging tests, and treatment reports that illustrate the difference in your condition before and after the crash.

Avoid Discussing Your Injury With Insurance Adjusters

Insurance companies often try to minimize payouts by arguing that the plaintiff’s pre-existing condition is responsible for their injury or questioning the severity of the aggravated injury. Avoid providing statements or signing any documents without consulting a personal injury lawyer who can help protect your claim.

Gather Additional Evidence

Keep a personal journal to document your symptoms, including details of any new pain, mobility limitations, or worsening symptoms since the accident. Moreover, if family members, coworkers, or friends have noticed changes in your condition post-accident, their observations and testimonies can also help support your claim.

Consult An Experienced Personal Injury Attorney

Because insurance companies often dispute these claims, it is advisable to work with a personal injury attorney. They can help collect, organize, and present evidence, negotiate with insurance companies, and advocate for maximum compensation.

Taking these steps proactively can make a significant difference in the outcome of your aggravated injury settlement claim.

How Can A Rhode Island Lawyer Help With My Aggravated Injury Claim?

Navigating a claim involving aggravation of a pre-existing condition and getting a fair settlement can be complex. Having an experienced Rhode Island personal injury by your side can make a significant difference in the outcome of your case. A lawyer can help you:

Gather Essential Medical Evidence

Your attorney will work with medical professionals to collect vital evidence that proves the accident worsened your pre-existing condition. This includes obtaining past and current medical records, securing imaging tests, and arranging expert testimony from healthcare professionals who can explain the extent of your aggravated injury.

Negotiating With Insurance Companies

An attorney can handle all communications and negotiations with insurance adjusters, ensuring that you do not accept a low settlement that fails to cover your medical expenses, lost wages, and pain and suffering.

Ensuring You Receive Fair Compensation

An experienced lawyer will assess the full extent of your damages and advocate for your right to receive compensation that fully accounts for the impact the accident has had on your health and quality of life.

Representing You In Court

If negotiations fail, your attorney can take your case to court. They can strengthen your case with a well-prepared legal strategy and present compelling evidence to demonstrate how the accident exacerbated your condition.

Navigating the Complexities Of Personal Injury Law

Aggravated injury claims require a thorough understanding of Rhode Island’s personal injury laws. An experienced attorney will guide you through the legal process, ensure that deadlines are met, and prevent insurance companies from  undervaluing your claim.

An experienced personal injury and car accident attorney will know how to counter the tactics used by insurers to diminish pre-existing injury settlements and will fight to ensure that you receive the maximum compensation.

What Rhode Island Laws Should I Know About Aggravated Pre-Existing Condition Claims?

Understanding Rhode Island’s legal framework can help you navigate your aggravated injury settlement claim effectively. The key laws you should be aware of to strengthen your case and avoid common legal pitfalls include:

Statute Of Limitations

Under Rhode Island’s statute of limitations, you have three years from the date of the accident to file a personal injury claim. Missing this deadline could result in your case being dismissed, regardless of how strong your claim is.

Comparative Negligence Law

Rhode Island’s comparative negligence system means you can still recover compensation even if you are partially responsible for the accident. However, your settlement may be reduced by your percentage of fault.

Burden Of Proof For Aggravation Of Pre-Existing Injuries

The burden of proof lies with the injured party. This means that you must demonstrate that the accident directly worsened your pre-existing condition.

Rhode Island’s At-Fault Insurance System

Rhode Island operates under an at-fault insurance system, meaning that injury victims can pursue claims directly against the at-fault driver’s insurance company rather than their own insurer. However, you must still provide evidence proving that the other driver’s negligence contributed to your injury.

Contact Marasco & Nesselbush Law Firm For Help With Your Aggravated Injury Claim

If you or a loved one are injured in a car accident and have suffered an aggravated pre-existing issue or injury, you don’t have to handle the complex legal process alone. At Marasco & Nesselbush, our team has extensive experience in personal injury cases and can guide you every step of the way.

Our team will work to build a strong case, gathering evidence, negotiating with insurance companies, and advocating for the maximum compensation you deserve. Whether your case requires skilled negotiation or aggressive litigation, we are ready to fight for your rights.

Don’t let insurance companies undervalue your claim. Contact us today for a free initial consultation and take the first step toward securing the financial recovery you need to move forward.

FAQs

What if my pre-existing injury was aggravated in a car accident in Rhode Island?

You can still file a personal injury claim and seek compensation if you can prove that the accident worsened your condition. Strong medical evidence, including medical records, doctor’s reports, and imaging tests, can help demonstrate that the crash directly contributed to the aggravation of your injury.

Can I receive compensation for an aggravated pre-existing back injury in Rhode Island?

Yes, if you can demonstrate that the accident made your back injury worse, you are entitled to compensation for the aggravation. This can include coverage for additional medical expenses, physical therapy, lost wages, and pain and suffering.

How do I prove my pre-existing condition was aggravated by a car accident in Rhode Island?

To prove your injury was aggravated, you need clear medical evidence such as pre- and post-accident medical records, imaging tests, and expert testimony from medical professionals. An experienced attorney can assist in compiling and presenting this evidence effectively.

Can I still get compensation if my injury is aggravated, but I had a previous history of the same injury in Rhode Island?

Yes, Rhode Island law allows compensation for aggravated injuries, even if you have a prior history of the same condition. The key is demonstrating that the accident caused a measurable worsening of your injury, requiring additional treatment or impacting your daily life.