Car accidents can be traumatic, both physically and emotionally. But what if you were already dealing with back pain or receiving chiropractic treatment before the accident? Many people worry that their pre-existing condition will prevent them from making a claim or receiving compensation. However, the law recognizes these situations and provides protections for individuals whose conditions are aggravated by an accident.
Pre-Existing Conditions Are Common
It’s rare for someone to have a completely clean medical history. Many people have experienced back or neck pain at some point, whether from sports injuries, workplace strain, or past accidents. Some may have sought relief through treatments such as chiropractic care, physical therapy, Pilates, or massage therapy. When a car accident occurs, it can worsen an existing condition, causing more pain and complications.
Fortunately, the law takes this into account. Just because you had a pre-existing condition does not mean you lose your right to seek compensation. In fact, the legal system acknowledges that accidents can exacerbate prior injuries and has specific statutes that address these cases.
Legal Protections for Aggravated Injuries
The law protects individuals whose pre-existing conditions are worsened by an accident. There are legal principles that specifically deal with aggravated injuries, ensuring that victims can still seek compensation. Additionally, the law also recognizes cases where a person is more susceptible to injury due to a pre-existing condition.
For example, if someone had recently undergone surgery on their arm and then got into an accident, their injury might be more severe than it would be for a perfectly healthy person. Even if the accident was minor, the law acknowledges that the impact can be greater for someone with an existing condition. This means that even if the damage to your vehicle was minimal, your personal injuries could still be serious—and compensable.
What Should You Do If an Accident Worsens Your Condition?
If you were already receiving chiropractic treatment or dealing with back pain before your accident, taking the right steps after the accident is crucial. Here’s what you should do:
- Continue Seeing Your Doctor – If you were already receiving treatment, return to the same doctor or chiropractor. They can compare your condition before and after the accident, providing medical records that show how the accident has worsened your pain or mobility.
- Document Your Symptoms – Keep track of how your pain has changed. Is it more frequent? More intense? Are you requiring new treatments or stronger medications? Having a detailed record of these changes will strengthen your case.
- Do Not Assume You Don’t Have a Case – Many people mistakenly believe that having a pre-existing condition means they can’t file a claim. This is not true. Your case may actually be stronger if you can demonstrate a clear difference in your condition before and after the accident.
- Seek Legal Advice – A personal injury attorney can help you understand your rights and navigate the legal process. They can work with medical professionals to build a strong case demonstrating how the accident aggravated your pre-existing condition.
The Bottom Line
Having a pre-existing back condition does not disqualify you from seeking compensation after a car accident. If the accident made your pain worse, required additional treatments, or caused long-term complications, you have the right to pursue a claim. The key is to document your condition before and after the accident, work with your doctor, and seek legal guidance to ensure you receive the compensation you deserve.
