Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
1. Understand Exacerbation of Pre-Existing Injuries
In New York, an aggravation or worsening of a prior condition qualifies as a personal injury if the car accident was the proximate cause. The law treats this the same as a new injury. To recover, you must prove (1) you had a pre-existing condition, (2) the accident made it worse, and (3) the worsening caused additional harm.
2. Document Your Injuries Thoroughly
- Seek prompt medical care from an emergency room or urgent care.
- Obtain complete medical records, including doctor’s notes, imaging (X-rays, MRIs), and test results.
- Keep a detailed pain journal: record dates, symptom severity, and how the injury limits daily activities.
- Save all medical bills, prescriptions, and receipts for related expenses.
3. Establish Causation Through Expert Opinion
New York courts require medical testimony to link the accident to the exacerbation. A treating physician or retained expert must explain the condition before the crash, how the crash aggravated it, and the resulting damages.
4. File a No-Fault Insurance Claim
Under New York’s no-fault law, you may recover up to $50,000 in medical expenses and lost earnings regardless of who caused the crash. Submit your medical bills and a no-fault application within 30 days of treatment. See VTL § 5102.
5. Meet the Serious Injury Threshold (If Needed)
If you seek additional pain and suffering damages, you must show a “serious injury.” Exacerbation of a pre-existing condition counts if it results in permanent consequential limitation, significant disfigurement, or bone fracture. Documentation and expert testimony will confirm you meet the threshold under VTL § 5102(d).
6. File a Lawsuit Before the Statute of Limitations Expires
New York’s statute of limitations for personal injury is three years from the accident date. See CPLR § 214(5). Missing this deadline usually bars recovery.
7. Negotiate or Litigate Your Claim
With complete records and expert reports, present your case to the insurer. If they deny fair compensation, you can file suit and proceed to depositions and trial. A solid paper trail and credible medical evidence strengthen settlement leverage.
Helpful Hints
- Begin medical treatment immediately, even if symptoms seem mild.
- Request all medical records directly from providers to avoid gaps.
- Use photos or videos to show limitations or assistive devices.
- Keep a log of lost wages, travel expenses, and other accident-related costs.
- Consider a vocational expert if your injury impacts your job duties.
- Stay organized: use digital folders for records, bills, and correspondence.