How Preexisting Conditions Affect Car Accident Cases in Alabama

Being hurt in a car accident is an alarming experience. If you’re already managing a preexisting injury or medical condition, you may worry how it will affect your ability to recover compensation for damages like medical bills, lost wages, and pain and suffering. At Moore Law Firm, our car accident injury attorneys in Mobile, Alabama have helped more than 15,000 clients find the justice and recovery they deserve. Here, we discuss how to navigate a preexisting condition in a car accident case and what to expect during the claims process.

Preexisting Conditions and Alabama Personal Injury Law

If you’ve been injured in an accident that’s exacerbated a preexisting condition, it’s critical to understand Alabama’s “eggshell plaintiff rule.” This aspect of Alabama law is designed to provide a vital layer of protection for injured victims.

What is the Eggshell Rule?

Simply put, the eggshell rule states that an at-fault party must “take the plaintiff as they find them.” This means that a negligent party can’t use your condition as a defense.

For example, if a crash causes a serious spinal injury to a victim with a herniated disc, the at-fault driver is responsible for the full extent of that injury, as it currently exists. This is true even if the same accident would have caused only minor harm to someone without a herniated disc.

The eggshell rule helps to ensure that those with preexisting conditions aren’t excluded from seeking justice because of their medical history. Our Mobile car accident lawyers are well-versed in how the eggshell rule applies in personal injury cases. We help you understand how it impacts your claim and ensure your rights are protected.

Common Conditions Worsened by Car Accidents

Whether it’s a rear-end collision or sideswipe accident, any crash can aggravate an underlying condition. Some common preexisting conditions our car accident lawyers encounter in these types of cases include:

• Back and spinal issues
• Previous knee or shoulder injuries
• Fractures, sprains, or strains that are re-injured or become symptomatic
• Chronic conditions like arthritis and fibromyalgia
• Previous concussions or traumatic brain injury (TBI)
• Anxiety, depression, and PTSD

Insurers Tactics for Denying and Minimizing Claims

Insurance companies are concerned with their bottom line, not the health or safety of claimants. They will attempt to attribute your pain, medical treatment, missed time from work, and other issues to your preexisting condition instead of the accident. They may argue that the accident had little to no impact on your health and that you were already in pain and would have needed medical treatment anyway.

That’s why it’s important to understand the crucial distinction between aggravation and causation. In this type of case, you are not claiming that a car accident caused your existing condition or injury. You are asserting that the accident aggravated it.

Shifting Blame Onto the Victim

In addition, an insurer may try to shift at least some of the blame of a crash onto you. Alabama follows a strict contributory negligence rule. This means that even if you’re only 1% at fault for a crash, you may not be entitled to recover any compensation at all.

These underhanded tactics are very common, so it’s vital to contact a car accident injury attorney before you speak to adjusters, sign a release for your medical records, or accept a personal injury settlement. We can obtain and review your medical records and develop the best possible strategy to prove your case.

How Our Car Accident Lawyers Build Robust Cases

To build a strong claim, it is essential to be completely honest with your car accident lawyer about any past injuries or preexisting conditions you have. If we’re unaware of a condition and an insurer brings it up, it can jeopardize the success of your claim and destroy your credibility.

Establishing Your Condition Before and After an Accident

Although each case is unique, there is a general framework for proving claims involving preexisting conditions.

First, we determine your “before.” Our team gathers your medical records from previous months and years and reviews documentation of your condition. For example, maybe the bulging disc in your spine has been stable for years and was managed with occasional chiropractic care and daily exercises. This is how your car accident attorney demonstrates the state of your condition or injury before the accident.

Then, we document the “after.” We then take a look at your medical records post-accident. New treatment reports, doctor’s notes, and diagnostic tests like X-rays, CT scans, or MRIs often demonstrate an objective, clear change in your condition. Current notes and treatment plans may also show that you are now unable to work and/or need extensive, costly medical care because your preexisting condition was aggravated by the accident.

Working with Respected Medical Experts

Our car accident injury lawyers also draw on the experience of qualified medical experts. Their professional opinions are often the most important piece of the puzzle when it comes to proving the extent of your injuries and how they happened. These experts know how to give testimony that directly links the accident to the exacerbation of your condition.

How Our Car Accident Injury Lawyers in Mobile Can Help

Handling a car accident claim involving a preexisting condition requires the resources, knowledge, and tenacity of a seasoned personal injury attorney. Moore Law Firm has served injury clients in Alabama for more than 40 years and have successfully recovered compensation in countless complex car crash cases.

Local Experience

Our car accident attorneys possess a deep understanding of Alabama law and have extensive experience reviewing and deciphering complex medical information. We negotiate aggressively on your behalf and handle all aspects of your case so you can focus on healing. Our car accident lawyers fight for you at trial if a reasonable settlement can’t be reached with insurers. We know how to develop compelling arguments that resonate with judges and juries.

Affordable, Compassionate Legal Representation

Our personal injury lawyers take cases on a contingency fee basis. This means you don’t pay anything upfront and we only get paid if we win your case. Our team understands that this may be one of the most difficult periods of your life. We approach every case with compassion and provide a shoulder to lean on during challenging times.

Contact a Car Accident Attorney in Mobile, AL

If you or a loved one needs help with a car accident claim, Moore Law Firm is here for you. Call 251-445-7602, contact us, or use the convenient chat feature on our website to get in touch with a car accident injury lawyer near you in Alabama. Our personal injury lawyers serve clients in Mobile, Daphne, Fairhope, Saraland and surrounding communities.