How to Document and Pursue Compensation for Exacerbation of Pre-Existing Injuries After a Car Accident?

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How to Document and Pursue Compensation for Exacerbation of Pre-Existing Injuries After a Car Accident in North Carolina

Detailed Answer

1. North Carolina Recognizes the “Eggshell Plaintiff” Rule

Under North Carolina common law, a negligent driver must take the injured person “as they find them.” If the collision worsens an old injury or medical condition, the at-fault driver is responsible for the additional harm. Juries receive Pattern Jury Instruction 809.00, which specifically tells them to award damages for the aggravation or activation of a pre-existing condition.

2. Key Legal Requirements

  • Causation: You must prove the crash aggravated the earlier condition. A qualified healthcare provider can connect the dots under Rule 702 of the North Carolina Rules of Evidence.
  • Damages: You may recover medical bills, lost wages, pain and suffering, future care, and permanent impairment for the new or worsened symptoms.
  • Contributory Negligence Bar: If you are even 1% at fault, you may lose all recovery. Solid evidence that the other driver alone caused the crash is critical.
  • Statute of Limitations: You have three years from the accident date to file suit. (See N.C. Gen. Stat. § 1-52.)
  • Insurance Coverage: Claims are usually paid under the at-fault driver’s liability policy required by N.C. Gen. Stat. § 20-279.21. If coverage is low, you may turn to your own underinsured-motorist (UIM) benefits.

3. Step-by-Step Documentation Plan

  1. Immediate Medical Evaluation
    Tell the doctor about both your old injury and all new or intensified symptoms. Early notes become the baseline.
  2. Collect Complete Prior Records
    Retrieve imaging, therapy notes, and prescriptions that show your condition before the crash. These help prove the difference.
  3. Keep a Symptom Journal
    Rate pain, mobility, and daily limitations. Date each entry. Consistent, contemporaneous notes carry weight with insurers and juries.
  4. Follow-Up Care Without Gaps
    Attend every appointment, therapy session, and referral. Gaps give insurers ammunition to argue you healed or the crash was not the cause.
  5. Track Out-of-Pocket Costs
    Save receipts for co-pays, mileage, braces, or assistive devices. North Carolina allows recovery of reasonable medical expenses proven by bills.
  6. Secure a Causation Letter
    Ask your treating physician to provide a short opinion that the wreck more-likely-than-not worsened the prior condition. A Rule 702 report strengthens negotiation and court presentation.
  7. Document Wage Loss
    Collect pay stubs and a letter from your employer detailing missed time and job restrictions.

4. Pursuing the Claim

  1. File a Timely Liability Claim with the at-fault insurer. Include accident report, photos, and the documentation above.
  2. Negotiate Using a Demand Package that clearly separates prior baseline medical issues from the post-crash aggravation.
  3. Consider Mediation or Arbitration if talks stall. North Carolina courts often order mediated settlement conferences in Superior Court cases.
  4. Litigate Before the Deadline if necessary. A lawsuit preserves rights, allows discovery, and may motivate a fair settlement.

5. Hypothetical Example

Imagine you lived with mild lower-back arthritis rated 2/10 on a pain scale. After a rear-end collision, pain spikes to 8/10, daily tasks become difficult, and your orthopedist confirms a herniated disc on new MRI. Copies of pre-crash x-rays and treatment notes demonstrate the difference. When the insurer tries to blame your age and arthritis, your doctor’s letter and journal entries support the crash-related aggravation, paving the way for full compensation.

Helpful Hints

  • Request digital copies of imaging so you can share them quickly with claims adjusters.
  • Ask every provider to reference the wreck in treatment records.
  • Use phone or tablet apps to log pain and medication use in real time.
  • List family activities or hobbies you now skip; lifestyle impact enhances non-economic damages.
  • Avoid social-media posts that downplay injuries; insurers monitor public profiles.

Take the Next Step

A negligent driver may have worsened your health, but North Carolina law gives you the right to recover for that aggravation. Our firm has years of experience guiding clients through the evidence maze and fighting insurers for fair results. Call 919-313-2737 today for a free, no-obligation consultation.

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