If you have injured yourself in the past, such as if you hurt your back while moving furniture, you may be forced to receive medical treatment. Then, if you are involved in a car accident caused by another driver, the pre-existing condition might be aggravated. You may now be forced to undergo back surgery as a result of your car accident. However, you might find it harder to fight for compensation without the help of a car accident lawyer.

Pre-Existing Injuries and Your Accident

A pre-existing injury is an injury that occurred before your accident. In some cases, when negotiating with an insurance provider, the adjuster might claim that you should not be entitled to compensation because your injury was not caused by the accident. However, your injury may have been made worse by the accident, which means you may be entitled to compensation for your injuries.

In many states, such as California, the courts operate under the "eggshell rule." Under this rule, the injured party will be taken as they are. Therefore, if your injury is made worse by the accident, the defendant cannot successfully argue that you were only injured because of your pre-existing condition. And thus, you may be entitled to compensation for your injuries.

Establishing a Casual Relationship

To prove that your injuries were worsened as a result of the accident, you will need to show that your current condition is directly the result of your accident. Your injuries might be aggravated, which means that they have been made worse. Or, your injuries might be exacerbated, which means that the symptoms associated with your injuries have been made temporarily worse.

A Personal Injury Attorney Can Help You Maximize Your Settlement

Because the extent to where your medical bills and pain and suffering increase can be murky, you will need help from a car accident lawyer to prove your case. Your attorney will discuss your injuries with you and will review your medical history to determine if there is a good chance that you may be able to negotiate a settlement.

Even if the insurance provider is not willing to settle with you, filing a lawsuit could help. While lawsuits are expensive and take time, some plaintiffs file a lawsuit with the hope of winning their case and are surprised to find the insurance provider making a much better settlement offer prior to the trial. To learn more, contact a car accident lawyer.