An old injury does not always prevent someone from making a personal injury claim after an accident. A crash may cause a new injury or make an earlier condition worse. In North Carolina, the key question is often how the accident changed the person’s condition.
A prior injury does not end a claim
A preexisting condition can include an old back injury, arthritis, a past surgery or another health problem. If the condition existed before the accident, the person may still have a claim for harm caused by the new event.
North Carolina law allows recovery when another person’s negligence aggravates an existing condition. The person must show that the accident caused additional harm. The claim does not simply cover problems that existed before the accident.
This makes the person’s condition before and after the accident important. Medical records can help show that change.
Medical records can show what changed
Doctors may review a person’s medical history and compare it with symptoms that appeared after the accident. They may also use physical exams, scans and other tests to determine whether the accident caused or worsened an injury.
Useful evidence may include:
- Medical records from before the accident
- Records of new or increased pain
- Tests taken after the accident
- Changes in physical activity or daily tasks
- A doctor’s opinion about the cause of the new symptoms
Good records can help separate an old condition from the harm caused by the accident. That difference can affect the value of a claim.
What damages may be considered?
If an accident makes an existing condition worse, a person may seek damages for the additional harm caused by that aggravation. This can include related medical care, pain and suffering, and losses tied to the new limitations. A person generally cannot seek compensation for problems that the accident did not cause or worsen.
Being honest about past injuries and following medical advice can help create a clear record. A previous condition does not automatically prevent recovery after an accident. What matters is showing what changed and connecting that change to the accident.
