Can Pre-Existing Injuries Impact Oklahoma Car Accident Claims?

Car accidents cause serious trauma, both from the crash force that propels a motorist forward at the speed the car was traveling until the seatbelt snaps them back, and from blunt force impacts from the vehicle’s structure collapsing inward. Serious car accident injuries are painful, disruptive to all aspects of living, and expensive to treat.

An Oklahoma car accident claim helps to recover financial losses so you can focus on healing. But what if you have a pre-existing injury? An OKC accident attorney helps protect against common insurance company tactics when dealing with pre-existing conditions and previous injuries.

Tactics Insurance Companies Use on Car Accident Victims With Pre-Existing Injuries

Insurance companies use compassionate tones and reassuring ad campaigns, but they are not on your side during a car accident claim. Instead, the insurance adjuster may try to protect company profits at your expense.

One method they often use is to request medical authorization to review an injury victim’s medical report of their car accident. Then, they have the car accident victim sign a blanket authorization that gives them access to the injury victim’s entire medical history. The insurance adjuster combs through the medical records to find a prior injury or pre-existing condition they can claim is the true source of your symptoms. The insurance company may claim that your pain is from a previous injury.

They may also use tactics, such as offering a low settlement before the victim knows the full extent of their damages, or calling on a recorded line and using remarks out of context against the injury victim later. An experienced Oklahoma City car accident lawyer can protect you from these tactics and ensure you don’t sign away your rights or make statements that could harm your claim.

Understanding the Eggshell-Skull Doctrine in Oklahoma Car Accident Claims

The Eggshell-Skull Doctrine, or the Eggshell Plaintiff Rule, is the accepted legal principle that an insurance company must take the injured party as they are found, including any pre-existing injuries or medical conditions. This doctrine uses the following example:

Suppose a motorist has a pre-existing condition or injury that causes their skull to be as fragile as an eggshell? If another driver’s careless or reckless action causes an accident and serious injury to the motorist, the at-fault party is still fully liable because they caused a worsened medical condition for the injury victim. The injured party suffers harm caused by the defendant, regardless of their previous state, leaving the defendant liable for damages.

A knowledgeable car accident attorney in OKC can invoke the Eggshell-Skull Doctrine to ensure you receive full compensation despite pre-existing conditions.

Common Pre-Existing Conditions Worsened by Car Accidents

The physical trauma from a car accident collision on the body is substantial. Common conditions worsened by car accidents include:

• Back injuries
• Neck injuries
• Knee injuries
• Wrist injuries
• Shoulder injuries
• Elbow injuries
• Ankle injuries

Conditions such as degenerative disc disease and other musculoskeletal system disorders and injuries are worsened by the physical trauma of an accident. In some cases, emotional problems such as anxiety, depression, or PTSD can also suffer from exacerbation of symptoms after an accident.

Evidence to Support Pre-Existing Injuries in Oklahoma Car Accident Cases

Your medical report becomes a crucial aspect of an Oklahoma car accident claim. Pre-existing injuries are often exacerbated by a car accident. Evidence used in car accident claims often includes medical imaging tests from before the accident and additional images from after the accident to show the worsened condition. Medical expert testimony also provides supporting evidence on the effects of the accident on the injury.