How to Document and Pursue Compensation for Exacerbation of Pre-Existing Injuries After a Car Accident in North Dakota

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Always consult a licensed attorney for guidance on your specific situation.

Detailed Answer

Under North Dakota law, you can recover for aggravation of a pre-existing condition if the at-fault driver’s negligence was a proximate cause of the increased pain or disability. North Dakota applies the “eggshell plaintiff” rule: a defendant must take a victim as found, even if that person has a prior vulnerability. See Westbrook v. Deiner, 324 N.W.2d 185 (N.D. 1982).

Here are the key steps and legal considerations:

  1. Seek immediate medical evaluation. Document your baseline condition and any changes. A physician’s report linking the crash to the flare-up is crucial.
  2. Maintain detailed medical records. Keep copies of hospital records, diagnostic imaging (X-rays, MRIs), physical therapy notes, and specialist exams. These records form the backbone of your claim.
  3. Gather evidence of the accident. Obtain the police collision report and preserve photographs of the scene, vehicle damage, and visible injuries. Identify any witnesses and collect their statements.
  4. Track your symptoms. Keep a daily journal of pain levels, functional limitations, medication, and therapy progress. Note how your pre-accident condition differed from your post-accident status.
  5. Notify insurers promptly. Report the accident to your auto carrier and the at-fault driver’s insurer. Provide only factual information—avoid speculation.
  6. Understand comparative fault. North Dakota follows pure comparative negligence: any award is reduced by your percentage of fault. See N.D. Cent. Code § 32-03-02 (www.legis.nd.gov/cencode/t32c03.pdf#nameddest=32-03-02).
  7. Be mindful of deadlines. Personal injury claims in North Dakota generally must be filed within six years. See N.D. Cent. Code § 28-01-18(3) (www.legis.nd.gov/cencode/t28c01.pdf#nameddest=28-01-18).
  8. Consult an attorney. A lawyer experienced in North Dakota personal injury law can evaluate causation, prepare expert testimony, and negotiate a settlement or litigate if insurers undervalue your aggravation claim.

Helpful Hints

  • Always follow your doctor’s treatment plan to avoid disputes that you worsened your own condition.
  • Use a single, secure folder (digital or physical) for all medical bills, records, and correspondence.
  • Request copies of all medical imaging and keep them accessible for attorneys or expert witnesses.
  • Photograph scars, bruises, or post-accident medical procedures (e.g., surgical scars) to illustrate the severity of aggravation.
  • Write down witness contact information as soon as possible to prevent loss of testimony over time.
  • Keep a record of lost wages, travel costs to medical appointments, and any out-of-pocket expenses.
  • Consider periodic medical re-evaluations to show ongoing impact and need for future treatment.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.