It is very common for people who are injured in auto accidents to have preexisting conditions or injuries. And accident can aggravate these injuries, causing pain you did not experience before or making the pain and disability worse. The insurance companies will try to use your preexisting conditions against you. They will try to claim that the accident is not the cause of your pain or impairments. An experienced motor vehicle accident attorney knows how to defeat their tactics so that you can receive the compensation your deserve.
Symptomatic or Asymptomatic and Why it Matters
There are many conditions and injuries that are common and that can exist for years without cause pain or impairment. If you suffer from a condition that is not causing symptoms, it is referred to as asymptomatic. If your condition is causing symptoms, it is symptomatic.
- After an accident, an asymptomatic condition can be aggravated causing pain and impairment that you had not suffered before.
- If you were already in pain or suffering impairment, the pain and impairment can be made much worse.
- If you have had surgery or other treatment to repair or improve an injury, the accident can reverse the effects of your treatment.
You can receive compensation no matter which applies to you. It is a matter of proving how much of the damage was caused by the accident.
Rotator Cuff Injuries
Rotator cuff injuries are a great example. They are very common in car crashes, painful, debilitating and slow to heal. It is also very common for adults to have preexisting rotator cuff tears, often asymptomatic. If you were diagnosed with a rotator cuff injury prior to your accident, you must be upfront with your attorney. The defense will find out and will try to use it against you, and it will only help them if you haven’t talked to your attorney about it first.
We can prepare to prove that the accident caused your symptoms to be worse. We may be able to use the imaging from before and after the accident to prove that the accident caused tearing to be worse. But we have to know the truth from the very beginning.
If your car accident has aggravated preexisting injuries or conditions, talk to The Cole Law Office about how we can help you get full and fair compensation. Call us at (800) 909-LAWS (5297) or contact us online today to schedule your free consultation.