An exacerbated injury claim is made when an existing injury is made worse by an accident. In cases where, for example, a claimant has a foot injury and then further damages the foot in a slip and trip accident, they would still be entitled to claim for the further injury. These claims can range from a recovery setback to a permanent worsening of a chronic condition. We recently acted for a client who had made an exacerbated back injury claim after a road traffic accident.
Our client was a passenger in his daughter’s vehicle at the time of the accident. The vehicle was stationary at a give way sign when another car failed to stop in time, hitting the rear of his daughter’s vehicle and writing it off. At the time of the accident, he was suffering with back pain. Understandably, the accident made his condition even worse and he had to stay on reduced shifts for several months afterwards.
Exacerbated injury claims can be harder to evaluate than standard personal injury claims. There is no way to know for certain whether an injury would have gotten worse to the point that it did if not for the accident. A medical expert often has to put a time frame on an exacerbated injury – for example, a knee injury that has accelerated the symptoms of a degenerative disease by five years.
As exacerbated injury claims are often difficult to put a time frame or valuation on, it is vital that these claims are handled by specialist personal injury solicitors. They’ll make an appointment for you to be evaluated by a medical consultant who is a recognised specialist in their field. This ensures that your claim isn’t settled for less compensation than it’s worth.
The client in this case was examined by an orthopaedic surgeon with a specialty in back injuries. The report he prepared was crucial evidence in making sure the compensation recovered was the right amount in relation to the injuries. The initial low offer made by the defendant’s insurers was rebuked and our client got the money he deserved.