Disclaimer: This article is for general information only and does not constitute legal advice. Consult a licensed attorney for advice on your specific situation.
Detailed Answer
When a car accident worsens a pre-existing condition, Indiana law holds at-fault parties responsible for all harm their negligence causes, even if injuries would have been less severe in a healthier person. This “eggshell plaintiff” rule allows you to recover full compensation for aggravation of a pre-existing injury.
1. Gather Baseline Medical Records
Obtain all medical records predating the accident. Request records from primary care providers, specialists, hospitals, and therapists. These documents establish your health status before the crash.
2. Document Post-Accident Symptoms
Seek immediate medical attention after the accident. Follow doctor recommendations and keep detailed records of each visit. Maintain a symptom diary tracking pain levels, mobility issues, and daily limitations. Include dates, times, and descriptions of symptoms.
3. Preserve Evidence
- Photograph injuries, vehicle damage, and accident scene.
- Request a copy of the police report.
- Collect witness contact information and statements.
4. Track Expenses
Keep all bills, invoices, and receipts related to medical treatment, medication, therapy, and vehicle repairs. Include receipts for out-of-pocket costs like transportation and home care.
5. File Your Insurance Claim
Notify your insurer and the at-fault driver’s insurer promptly. Submit medical records, bills, and evidence to support your claim. Cooperate fully with adjusters and respond to requests on time.
6. Consider a Demand Letter or Lawsuit
Before filing a lawsuit, you may send a demand letter detailing the accident, injuries, medical expenses, lost wages, and proposed settlement. If negotiations stall, you can file a civil action within Indiana’s two-year statute of limitations. See Indiana Code § 34-11-2-4: https://iga.in.gov/laws/2023/ic/titles/34#34-11-2-4.
7. Understand Comparative Fault
Indiana follows a modified comparative fault rule. You can recover damages if your fault does not exceed 50%. Your award reduces by your percentage of fault. See Indiana Code § 34-51-2-6: https://iga.in.gov/laws/2023/ic/titles/34#34-51-2-6.
8. Prove Causation and Damages
To succeed, show that the accident caused the aggravation. Use expert medical testimony linking new or worsened symptoms to the crash. Detail non-economic damages like pain and suffering.
9. Consult a Personal Injury Attorney
While this is not legal advice, an experienced attorney can help you navigate settlement negotiations or litigation, gather expert witnesses, and advocate for maximum recovery.
Helpful Hints
- Maintain a daily pain and activity journal.
- Communicate in writing with insurers; keep copies of all correspondence.
- Avoid posting about your case on social media.
- Attend all medical appointments and follow treatment plans.
- Get multiple repair estimates for your vehicle.
- Ask medical providers for narrative reports summarizing your condition.
- Review and update your demand letter as new bills arrive.