Detailed Answer
Understanding Exacerbation of Pre-existing Injuries
When a car accident worsens a prior injury, New Hampshire courts treat you as you were—applying the “eggshell plaintiff” rule. The defendant must compensate you for all harm caused, even if your body was unusually vulnerable.
1. Document Your Medical History
- Obtain pre-accident medical records, imaging studies, and treatment notes from your physicians, chiropractors, or physical therapists.
- Immediately after the crash, visit an emergency room or your treating doctor. Ensure records reflect both old and new symptoms.
- Keep a detailed pain and symptom diary: note dates, pain levels, limitations, and how symptoms fluctuate.
- Take dated photos of bruises, swelling, or mobility restrictions.
2. Gather Accident Evidence
- File a police report at the scene. Request a copy or report number.
- Collect witness names and contact information.
- Photograph the accident scene, vehicle damage, skid marks, and road conditions.
3. Secure Expert Support
- Consult a treating physician or specialist who can opine that the crash aggravated your pre-existing condition.
- If necessary, retain a vocational or life-care planner to project future medical costs and loss of earning capacity.
4. Legal Framework Under New Hampshire Law
- Causation & Liability: New Hampshire follows the eggshell-plaintiff principle—defendants take their victims as they find them.
- Comparative Negligence: Under RSA 507-B:2, any recovery is reduced by your percentage of fault.
- Statute of Limitations: You generally have two years from the accident date to file a tort claim. See RSA 508:4.
- Insurance Coverage: Review both your Personal Injury Protection (PIP) benefits and the at-fault driver’s liability policy. PIP typically covers immediate medical expenses up to policy limits.
5. Pursuing Compensation
- Demand Letter: Prepare a detailed letter outlining your injuries, treatment history, exacerbation of pre-existing conditions, and a monetary demand.
- Negotiation: Submit your demand to the insurer. Be prepared with documentation and a timeline.
- Litigation: If negotiations stall, file a complaint in superior court within two years. Include your medical records, expert reports, and loss calculations.
- Damages: You can claim past and future medical expenses, lost wages, pain and suffering, and loss of enjoyment of life tied to the injury’s aggravation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney about your specific situation.