Settling a personal injury claim involving the aggravation of a pre-existing condition can be complex. It requires careful consideration of various factors to ensure a fair and just outcome. This article will explore the key aspects of such settlements, addressing common questions and offering guidance for navigating this challenging legal landscape.
What is considered aggravation of a pre-existing condition?
Aggravation of a pre-existing condition refers to a worsening or flare-up of a medical condition due to an accident or injury. This means a pre-existing condition, such as arthritis or back pain, was made significantly worse by a new injury. The key here is demonstrating a causal link between the accident and the worsening of the condition. Simply having a pre-existing condition doesn't automatically preclude a successful claim; it's the aggravation that's crucial. Medical evidence is paramount in proving this link.
How is the settlement amount determined in these cases?
Determining the settlement amount for an aggravated pre-existing condition involves several factors:
- Severity of the aggravation: The extent to which the accident worsened the pre-existing condition is a primary determinant. A minor flare-up will result in a smaller settlement than a significant and permanent worsening. Detailed medical records and expert testimony are vital here.
- Medical expenses: All reasonable and necessary medical expenses related to treating the aggravated condition are considered. This includes past, present, and future medical costs, such as surgery, physical therapy, medication, and ongoing care.
- Lost wages: If the aggravation prevented the injured party from working, lost wages are factored into the settlement. This includes past lost wages and potentially future lost earning capacity, depending on the severity and long-term effects of the aggravation.
- Pain and suffering: Compensation for pain, suffering, and emotional distress resulting from the aggravated condition is also a key element. This is often a subjective assessment, and the severity of the pain and its impact on the individual's life are considered.
- Pre-existing condition: The severity and history of the pre-existing condition influence the settlement amount. A more severe pre-existing condition might lead to a lower award for the aggravation, as separating the damages becomes more challenging. A thorough medical evaluation assessing the condition before and after the accident is crucial.
How do I prove the aggravation of my pre-existing condition?
Proving aggravation requires strong medical evidence. This typically includes:
- Medical records: Comprehensive medical records documenting the pre-existing condition before the accident and its worsening afterward are essential. These records should detail symptoms, diagnoses, treatments, and prognoses.
- Expert testimony: An expert medical witness, such as an orthopedic surgeon or neurologist, can provide crucial testimony on the causal link between the accident and the aggravation. Their opinion carries significant weight in determining the settlement amount.
- Imaging studies: X-rays, MRIs, or CT scans showing the progression of the condition before and after the accident can provide compelling visual evidence of the aggravation.
Can I still get a settlement if I have a pre-existing condition?
Yes, you can still receive a settlement even if you have a pre-existing condition. The key is proving that the accident aggravated the pre-existing condition, making it worse than it was before. This requires clear medical evidence demonstrating a causal link.
What if the insurance company denies my claim?
If the insurance company denies your claim, you may need to consult with a personal injury attorney. An attorney can help you gather evidence, negotiate with the insurance company, and, if necessary, file a lawsuit to pursue your claim.
How long does it take to settle a case involving the aggravation of a pre-existing condition?
The timeline for settling these cases varies considerably depending on several factors, including the complexity of the medical evidence, the willingness of the insurance company to settle, and the involvement of litigation. Some cases might settle within months, while others can take years.
Disclaimer: This information is for educational purposes only and should not be considered legal advice. Consult with a qualified legal professional for advice tailored to your specific circumstances.
