When people with a pre-existing condition are severely injured in an accident, such as a Connecticut Car Accident, they may wonder if their pre-existing condition that is an obstacle for health care coverage will also be a problem in a personal injury claim.

Our Connecticut accident injury lawyers recently filed a lawsuit stemming from a rear-end impact that caused our client a serious back injury.  Her back had previously been injured in another accident, but she had fully recovered at the time she was rear-ended.

The Health Insurance Portability and Accountability Act (HIPPA) defines a “pre-existing” condition as “any medical condition that a person has before being enrolled in an insurance plan.”  There are an infinite number of pre-existing conditions which may be aggravated as a result of a severe or traumatic injury, such as arthritis, fibromyalgia (or chronic pain),  pregnancy, diabetes, obesity and depression.

Under Connecticut  law, a person who has pre-existing condition aggravated by severe personal injury is still entitled to full compensation.  Simply put, the plaintiff rule says that a person who causes injury to another “takes the victim in the condition he/she finds him.”  In other words, a negligent person is responsible for all injuries they caused, whether an injury already existed or not.

Even though our client was previously injured, the at-fault driver is responsible for aggravating a pre-existing condition. The key is the contrast between life before and after the accident. If you didn't hurt before the accident and you hurt after, that's the only thing that should matter.

If you've aggravated an existing injury in a traffic accident, don't be fooled by insurance adjusters who say you can't be compensated. Contact one of the injury attorneys at the Law Offices of McCoy and McCoy for a free consultation at 1-800-4-INJURY.

We represent Connecticut personal injury clients from Hartford County (Bristol, Granby, Glastonbury, Farmington, New Britain, Newington, Southington, Windsor); New Haven County (Ansonia, Branford, Guilford, Madison, Meriden, Milford, Wallingford); Middlesex County (Middletown, Chester, Durham, Essex, Old Saybrook, Portland, Westbrook); Tolland County (Bolton, Columbia, Coventry, Ellington, Hebron, Rockville, Storrs, Mansfield, Vernon); Windham County (Willimantic, Putnam, Canterbury, Danielson, Killingly, Thompson, Woodstock) and New London County (New London, Groton, Waterford, Norwich, Colchester, East Lyme, Niantic, Ledyard, Montville, Pawtucket, Salem, North Stonington).

According to the National Institutes of Health, half of all traumatic brain injuries (TBI) are caused by collisions including car accidents, motorcycle accidents, and bicycle accidents. Young adults and the elderly are the age groups at highest risk for TBI.   Since our brain defines who we are, the consequences of a brain injury can affect all aspects of our lives.

Symptoms of traumatic brain injury resulting from a Connecticut car accident or slip and fall may appear right away or may not be present for days or weeks. One of the consequences of brain injury is that the person often does not realize that a brain injury has occurred.

Signs and Symptoms:

Signs of a mild traumatic brain injury (concussion) can include a brief period of unconsciousness, and/or a loss of memory for events immediately before and after the car accident or fall occurred. Difficulty thinking, memory problems, attention deficits, and mood swings are also symptoms and often get overlooked.   In many cases, mild traumatic brain injury may not be diagnosed until the individual begins to have problems in what were once easy tasks or social situations .  

Symptoms of moderate to severe traumatic brain injuries can include a persistent headache, repeated vomiting or nausea, convulsions or seizures.   It is important to listen for slurred speech, and look at the victims eyes for dilated pupils.   Any weakness or numbness in the extremities or loss of coordination is also a cause for concern.                                                                

In Children the symptoms of TBI can be more difficult to determine.   Signs a parent should look for include a change in sleep patterns, loss of appetite, and mood swings.   Parents should also stay in communication with school personnel to identify any changes in activities, or school performance.

If your child has been injured in an accident because of someone else's negligence, please understand that you have rights.  If you would like to find out more information about your legal rights and options, please contact a Board Certified Connecticut injury lawyer. You may be able to seek compensation on behalf of your child to cover medical expenses and even long-term care expenses.