Settling a personal injury claim involving the aggravation of a pre-existing condition can be complex. The central challenge lies in proving a direct causal link between the accident and the worsening of the pre-existing condition, rather than simply the condition's natural progression. This article explores the key considerations and strategies involved in such settlements.
What is Aggravation of a Pre-Existing Condition?
Aggravation of a pre-existing condition refers to a situation where a prior injury or illness is worsened due to a subsequent accident or incident. For example, someone with mild arthritis might experience significantly increased pain and limited mobility after a car accident that impacts their joints. The key here is demonstrating that the accident exacerbated the pre-existing condition, not simply that the condition existed before the accident.
How is Aggravation Proved in a Settlement?
Proving aggravation requires robust medical evidence. This typically involves:
- Comprehensive Medical Records: Doctors' notes, test results (X-rays, MRIs, etc.), and treatment records from before and after the accident are crucial. These documents need to show a clear progression of the condition, demonstrating a noticeable worsening after the accident.
- Expert Medical Testimony: An expert medical witness, often a specialist in the relevant area (e.g., orthopedics, neurology), is usually needed to provide testimony explaining the causal link between the accident and the aggravation of the condition. This expert will compare the medical records and explain how the accident contributed to the worsening.
- Causation Evidence: This isn't just about showing a worsening; it requires demonstrating a direct causal link. The medical expert will need to explain how the accident mechanism caused the aggravation. This might involve explaining biomechanical forces, the impact of the injuries, and how they interacted with the pre-existing condition.
What Damages are Recoverable in a Settlement?
In a settlement involving aggravation, recoverable damages generally include:
- Medical Expenses: Costs associated with treatment for the aggravated condition, including past and future medical expenses.
- Lost Wages: Compensation for income lost due to the inability to work as a result of the aggravated condition.
- Pain and Suffering: Compensation for physical and emotional pain, suffering, and distress caused by the aggravated condition.
- Loss of Consortium: If the injury affects the injured person's relationship with their spouse or partner, this might be claimed.
How are Settlements Calculated?
Calculating settlements in these cases is highly fact-specific. Factors considered include:
- Severity of the Aggravation: The extent to which the pre-existing condition worsened due to the accident.
- Length of Treatment: The duration of necessary medical treatment for the aggravated condition.
- Prognosis: The long-term outlook for recovery and any permanent limitations resulting from the aggravation.
- Jurisdictional Laws: State laws differ significantly regarding personal injury claims, influencing settlement amounts.
What are the Common Challenges in Settling Aggravation Cases?
- Establishing Causation: This is often the most challenging aspect, requiring strong medical evidence and expert testimony. Insurance companies often contest causality, arguing the worsening is due to natural progression of the condition rather than the accident.
- Pre-Existing Condition Records: The defendant's lawyer will thoroughly review pre-existing medical records to identify any prior issues that might minimize their liability.
- Determining the Percentage of Aggravation: It can be difficult to quantify the exact percentage of the condition's worsening attributable to the accident versus its natural progression. This is where expert medical testimony becomes crucial.
How Can I Maximize My Settlement?
- Seek Prompt Medical Attention: Documenting the injury immediately after the accident is crucial.
- Gather Evidence: Collect all relevant medical records, police reports, witness statements, and photographs.
- Consult with an Experienced Attorney: An attorney specializing in personal injury cases can help build a strong case, negotiate with insurance companies, and maximize your settlement.
This information is for educational purposes only and does not constitute legal advice. You should consult with a qualified legal professional for advice tailored to your specific situation.
