How do I prove my accident made my migraines worse when I had a preexisting condition?: North Carolina
How do I prove my accident made my migraines worse when I had a preexisting condition? - North Carolina
Short Answer
In North Carolina, you can recover for the aggravation of a preexisting condition if you prove the crash more likely than not made your migraines worse. Focus on clear before-and-after proof: your baseline symptoms, the post-accident change, and a medical opinion tying that change to the crash. Consistent treatment records, a provider narrative, and corroborating evidence (like a headache diary) strengthen your claim.
Understanding the Problem
You want to know how, under North Carolina personal injury law, you can show that an auto accident worsened your existing migraines and concussion symptoms. The key decision point is proving aggravation: can you demonstrate a measurable change after the crash that a medical provider connects to it? Here, you already had ongoing migraines before the accident, and the insurer has only reviewed limited urgent care and neurology records.
Apply the Law
North Carolina allows recovery when someone’s negligence aggravates a preexisting condition. The defendant must take you as they find you, but you still carry the burden to prove the accident caused a worsening. For medical issues like migraines or post-concussion symptoms, insurers and courts expect objective documentation of your baseline, the post-accident change, and a medical opinion that the crash likely caused the aggravation. Personal injury lawsuits are filed in North Carolina trial courts, and most claims must be filed within three years of the accident.
Key Requirements
Negligence and causation: Show the other party’s fault and that the crash more likely than not aggravated your condition.
Baseline proof: Provide pre-accident records showing the frequency, severity, and impact of your migraines before the crash.
Post-accident change: Provide records showing increased frequency, severity, duration, new symptoms, or added limitations after the crash.
Medical linkage: Obtain a treating provider’s opinion (in plain terms) that the crash caused the worsening to a reasonable degree of medical certainty.
Damages documentation: Tie the worsening to medical care, medications, work or school impact, and daily-life limitations.
Apportionment if possible: If your provider can separate old versus new symptoms, present that; if not, focus on clear evidence of aggravation.
Apply the Rule to the Facts: Because you had migraines and concussion symptoms before the crash, your claim turns on proving a specific worsening afterward. The insurer has only seen limited records, so they may not see your full baseline or the change. Expanding the record—pre- and post-accident neurology notes, medication changes, and a treating provider’s causation letter—can show the crash more likely than not made your migraines worse and support a higher valuation.
Process & Timing
Who files: You or your attorney. Where: First with the at-fault driver’s insurer; if unresolved, file a lawsuit with the Clerk of Superior Court in the North Carolina county where the crash occurred or the defendant resides. What: Insurance claim with medical authorizations; request a treating neurologist narrative; if filing suit, a Complaint and a Civil Summons (AOC-CV-100) from nccourts.gov. When: Most personal injury lawsuits must be filed within three years of the crash.
Build the proof: Collect 12–24 months of pre-accident records to show baseline; all post-accident urgent care, neurology, therapy, and medication records; a headache diary; work/school attendance records; and brief statements from family or coworkers who observed changes. Ask your treating neurologist to explain why the crash likely aggravated your condition and describe the degree of change.
Resolution: Submit the updated package to the adjuster and negotiate. If settlement stalls, proceed with litigation and, as needed, schedule your provider’s testimony or a deposition to explain causation and aggravation.
Exceptions & Pitfalls
Contributory negligence: If you were even slightly at fault, North Carolina’s strict rule can bar recovery; gather evidence on liability early.
Gaps or inconsistent histories: Large breaks in treatment or inconsistent symptom reports weaken causation; keep appointments and use a headache diary.
Overbroad medical releases: Limit releases to relevant timeframes and providers to avoid disputes over unrelated history.
No medical opinion: Bills alone rarely prove aggravation; obtain a clear treating-provider opinion that the crash likely worsened your migraines.
Intervening causes: New incidents after the crash can muddy causation; document any later events and how your symptoms tracked over time.
Conclusion
To prove an accident worsened your preexisting migraines in North Carolina, show a clear baseline, a measurable post-crash change, and a treating provider’s opinion that the crash likely caused the aggravation. Support that with consistent medical care, a headache diary, and corroborating records. If settlement does not reflect this evidence, file a complaint in the proper North Carolina court within three years of the accident to preserve your claim.
Talk to a Personal Injury Attorney
If you’re dealing with migraines that got worse after a crash and an insurer that won’t fairly value the change, our firm can help you build the medical proof and meet the deadlines. Reach out today at (919) 341-7055 to discuss your options.
Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.
