Have you been involved in a car accident that was caused by another road user’s negligence? Has this accident aggravated a pre-existing condition? If so, you could be entitled to compensation for the suffering you have experienced.
When we think of injuries sustained in a car accident, our mind may automatically jump to things like cuts, bruising and broken bones. But if you already suffer from a condition that causes you pain and suffering, a car accident could make this worse.
If you’d like to learn more about pre-existing injury aggravated by a car accident that wasn’t your fault, this guide can help. This page contains information about what kind of compensation you could be entitled to, the process of claiming, and how a personal injury lawyer from our panel could represent you on a No Win No Fee basis.
To reach our team of specialist advisors for a free consultation about your case, you can contact us using one of the three contact options below:
- Call 0161 696 9685
- Chat to us live using the pop-up
- Complete a contact form on our website to get a callback
Select A Section
- Guide To Claims If A Car Accident Aggravated A Pre-Existing Condition
- What Is A Claim For An Aggravated Pre-Existing Condition?
- Calculate Compensation For Aggravated Pre-Existing Conditions
- Types Of Damages Which Could Be Awarded After A Car Accident
- What Injuries Could Be Aggravated By A Car Accident?
- I Did Not Suffer Any New Injuries, Could I Make A Claim?
- Does The Eggshell Rule Apply To Aggravated Injury Claims?
- Proving The Car Accident Aggravated A Pre-Existing Condition
- Proving The Other Parties Liability
- What Are The Steps Of A Personal Injury Claim?
- Make A No Win No Fee Claims If A Car Accident Aggravated A Pre-Existing Condition
- Speak To Us
- Related Services
- Reported Road Casualties In The UK
- FAQs About Claims With A Pre-Existing Condition
If you’d like to learn more about making a claim for a pre-existing injury aggravated by a car accident that wasn’t your fault, this guide can help. A pre-existing condition could refer to another injury that you sustained before you were involved in the accident. It could also include chronic conditions.
In this guide, we’ll discuss what injuries could be aggravated in a car accident and how you can prove that a third party was liable for the accident that caused your suffering. Next, we’ll explore how much compensation you could be entitled to and discuss how compensation claims are valued.
We’ll then illustrate the steps to making a personal injury claim and explain how our panel of personal injury lawyers could help you. Next, we’ll discuss the benefits of the No Win No Fee services provided by our panel of personal injury lawyers. To conclude, we’ll answer some frequently asked questions about claiming for the aggravation of a pre-existing injury.
A car accident can cause serious life-changing or even life-threatening injuries. However, not only are you at risk of suffering new injuries, but if you have a pre-existing condition, a car accident could aggravate it.
Whether your pre-existing injury is physical or psychological, you could be entitled to compensation if you can prove that the accident that aggravated it happened because another road user breached their duty of care. You could be compensated for the aggravation of your pre-existing injury even if no injuries have occurred in their own right.
There are a number of different ways that a pre-existing condition or injury could be made worse following an accident. For instance, you may have sprained your ankle while playing sport a week before your accident. If you’re then involved in a car crash, this could cause your sprained ankle to become worse. It could also lengthen the time it takes for your injury to recover.
A pre-existing chronic condition could also be made worse as the result of a car accident. For example, you may suffer from arthritis. A car accident could increase the pain and inflammation in your joints. Even though you suffered from arthritis before the accident, you may be able to claim.
To learn about the different types of damage that you could claim after a car crash aggravated a pre-existing injury, please read on or get in touch today.
You may be wondering how much compensation you could be entitled to. The settlement you’re awarded will depend on how much pain the aggravation of your injury has caused you. It will also be influenced by how long recovery is likely to take. The more severely you were impacted, the more compensation you could be entitled to.
The Judicial College has released guidelines that can be used to value claims. It includes guideline compensation brackets for a number of different injuries of varying severities.
In order to determine the severity of your injury, a medical assessment with an independent expert will be carried out. The expert will compile their findings in a report which can then be used to help value your claim.
The table below shows a selection of different injuries from the Judicial College Guidelines. These rough figures can give you an idea of the amounts that you could be awarded for each injury as part of a personal injury claim.
|Moderate neck injury (ii) that exacerbates a pre-existing condition||£12,900 to £23,460
|Minor neck injury (i) that exacerbates pre-existing condition||£4,080 to £7,410|
|Moderate back injury (ii) that exacerbates pre-existing condition||£11,730 to £26,050
|Less serious leg injuries (i) that exacerbate a pre-existing condition||£16,860 to £26,050
|Very severe injury to the foot that exacerbates a back condition||£78,800 to £102,890
|Moderate toe injuries that exacerbate a pre-existing condition||Up to £9,010
However, if you’d like a consultation about your specific case, you can speak to one of our specialist advisors today. By asking a few simple queries about your situation, they can provide you with a more accurate estimate of how much compensation you could be entitled to if you have valid grounds to claim.
As part of a personal injury claim, there are two types of damage that you could receive. General damages cover your physical and psychological suffering, and special damages cover any financial losses you have incurred as a result.
For example, the aggravation of an injury could affect your ability to work. You could be forced to take time off due to your condition or even develop a disability that prevents you from returning to work altogether. It could also mean that you need further treatment, like physiotherapy, which you have to pay out of pocket for.
Some other examples of costs that could be recovered by claiming special damages include:
- Medical expenses – such as prescription fees or the cost of medication
- Care costs – including professional care and gracious care from loved ones
- Domestic help – such as a cleaner, gardener or childminder
- Travel fees – including those for trips to and from hospital appointments
- Adaptations to your home – such as a stairlift, handrail or wet room
Whatever costs you wish to recover, it’s vital that you retain proof of them in the form of receipts, invoices etc. This way, you can give yourself the best chance of restoring yourself back to the financial position you were in before your car accident.
A range of both physical and psychological conditions could be exacerbated by a car accident. Degenerative diseases could also be accelerated, which could have detrimental effects on both your quality of life and life expectancy.
One example of an injury that could aggravate a pre-existing condition as a result of a car accident is whiplash. Typically, whiplash is an injury that is relatively minor and can heal on its own within 2 to 3 months. However, it could aggravate a pre-existing condition such as arthritis in the neck.
It’s important to note that the process of claiming for whiplash has changed recently. The Whiplash Reform Programme means that all claims worth £5,000 or less will need to be made through an online portal. However, you should still get in touch with our team before making a claim, as your injuries may be worth more than you initially assume.
Another example is a mental health condition, such as anxiety or depression, being aggravated by a car accident. Whether you’re the driver or a passenger, being involved in a car accident can be deeply traumatising, sometimes resulting in post-traumatic stress disorder (PTSD). If you can show that the car accident caused your mental health to worsen, you could be owed compensaiton.
If you’re involved in a car accident, you could be compensated for the aggravation of your pre-existing injury even if no other injuries have occurred in their own right. Providing you can prove that third-party negligence was responsible for your suffering, you could have grounds to make a personal injury claim.
However, the process of proving that your pre-existing condition was exacerbated by the accident can be complex. For this reason, you may wish to seek the help of a personal injury solicitor; while not a legal obligation, you may find that their expertise and support is helpful in making a claim.
It’s also advisable that you seek medical attention as soon as you can after the accident. This way, your doctor can make a note of your injuries and the way your pre-existing condition was affected. They can also offer you treatment to aid your recovery if necessary.
Sometimes, you may not realise that your condition has been exacerbated straight away. If you only notice that your condition starts to worsen days or even weeks after the accident, you should still seek medical attention as soon as possible.
For a free consultation about your case, speak to one of our specialist advisors today and see if you could claim.
The eggshell rule is a legal precedent that states that the liable party in a personal injury claim should be held liable for any harm that occurs as a result of their negligence. This is the case even if the injured person is more susceptible to injury because of a pre-existing condition.
The term originates from the analogy of a person who has an unusually thin skull. If a person with such a condition broke their skull in a car accident, then the at-fault party would still be liable for all injuries caused by the accident, even those that resulted from the pre-existing condition.
To learn more about how to prove that a car accident aggravated a pre-existing condition, please read on or contact our team today.
As part of a personal injury claim, medical evidence is vital to proving any injuries. In order to determine the severity of your injuries and establish whether there’s potential for any future damage to develop, you will usually be invited to undergo a medical assessment with an independent expert.
At your appointment, you’ll typically be asked a few questions about your accident and how you believe you’ve suffered as a result of it. The resulting report that they write will explore everything from any injuries that you suffered as a result of your accident, any pre-existing conditions that have been aggravated and the overall impact it had on your quality of life.
Your medical records will also usually be accessed as part of your claim for the aggravation of a pre-existing condition. This will show the severity of your condition before the accident and any treatment you were undergoing. It can be used to prove that your condition has worsened as a result of the accident.
Some examples of how you could show that third-party negligence caused your accident include:
- Taking photo and video evidence at the scene, showing any cars involved and how they’ve been impacted
- Collecting witnesses contact details so that statements can be taken
- Providing dashcam footage of the accident from your car or any other nearby cars
- Sourcing CCTV footage of the accident
As we’ve already mentioned, there’s no legal requirement for you to have a solicitor represent you in a claim. However, you may find that they can provide guidance about what evidence you need to prove that the other car was liable for the accident. Get in touch with our team today for more free legal advice; we may be able to connect you with a personal injury lawyer from our panel.
The first step you can take towards making a personal injury claim is seeking medical attention. As we have already mentioned, this will ensure that you get the right treatment you need for your injuries. It will also ensure that your injuries are recorded, which could support your claim down the line.
You should also collect evidence as to the circumstances of the accident. This might include CCTV footage, photographs of your car or the contact details of anyone who saw the accident happen.
It may also be helpful to keep a record of your injuries. You can keep a record of how your pre-existing condition has been affected. In addition, you should keep a record of any costs or expenses you have incurred.
Finally, you may wish to seek the representation of a personal injury solicitor to help with your claim. If you’re concerned about the cost of seeking legal representation, read on for more information on No Win No Fee agreements.
As mentioned, our panel of personal injury lawyers can offer representation on a No Win No Fee basis. But what does this mean?
A No Win No Fee agreement is a contract between you and your lawyer that sets out the conditions that they need to meet before requesting payment from you. Essentially, it means that you will not be asked to pay in order for them to start working on your claim while it’s ongoing or if it’s unsuccessful.
If your claim is successful, your solicitor will deduct a small, legally capped percentage of your settlement to cover their costs. This means that you will always receive the majority of the compensation you’re awarded.
If you’d like to learn more about making a claim for a pre-existing injury aggravated by a car accident that wasn’t your fault, get in touch today. Our team of specialist advisors offer free consultations where you can discuss your case and see if you have grounds to claim. Furthermore, we can connect you to a personal injury lawyer from our panel to handle your case on a No Win No Fee basis.
You can get in touch using one of the three contact options below:
- Call 0161 696 9685
- Chat to us live using the pop-up
- Complete a contact form on our website to get a callback
Here are some further resources that could be of use:
- Claiming for death caused by careless driving
- Hit and run accident claims
- Pedestrian accident claims
- Making a claim with The Motor Insurance Bureau (MIB)
- NHS information on whiplash
- Government information about Whiplash Reform Programme
In 2020, the Department for Transport reported that there were 1,472 deaths resulting from road traffic accidents in Britain. Overall, 23,486 people were killed or seriously injured, and there was an overall figure of 115,333 casualties of all severities.
Can you sue for a pre-existing injury?
If you can prove that third-party negligence led to a car accident and aggravated a pre-existing injury, you could be able to claim compensation.
How might my claim be affected?
Whether your injury was pre-existing or not should not affect your eligibility to claim for it. However, proving that your condition was exacerbated by the accident may make the claims process more complex.
How long could my claim take?
The amount of time a claim takes will depend on the circumstances of the claim, as every case is different. If liability is clear-cut and the injuries are relatively minor, it could be resolved within a few months. More complicated claims could take years to settle.
Can you organise a medical assessment for me?
If you choose to work with our panel of personal injury lawyers, they’ll be able to organise your medical assessment for you. Using their extensive network of medical professionals, they can arrange an appointment that’s convenient for you, free of charge.
Thanks for reading our guide on how to claim after a car accident aggravated a pre-existing injury.
Guide by KT
Edited by AS