Disclaimer
This article provides general information under Vermont law. It does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When a car collision aggravates a pre-existing injury, Vermont law lets you recover compensation for the added harm. Insurance companies and courts apply the “eggshell plaintiff” rule: they must compensate you for all damages, even if your injuries worsen more than an average person’s would. To pursue a claim, follow these key steps:
1. Seek Immediate Medical Evaluation
• Visit an emergency room or urgent care right after the crash. Document your baseline symptoms.
• Follow every treatment plan. Missed appointments can weaken your claim that the accident caused your exacerbation.
2. Document Your Exacerbation Thoroughly
• Keep a pain diary. Note pain levels, flare-ups, and daily limitations.
• Photograph injury sites and any visible swelling or bruising.
• Save medical records, imaging reports, therapy notes, and prescriptions that show a change in treatment or intensity.
3. Notify Your Insurer and the At-Fault Driver’s Insurer
• Report the accident promptly. Provide a clear account of how your pre-existing injury worsened.
• Attach copies of your initial and follow-up medical records. Insurers often value contemporaneous documentation.
4. Calculate Your Damages
• Special damages include past and future medical bills related only to the exacerbated injury.
• General damages cover pain, suffering, and reduced quality of life.
• Include lost wages if your condition forced you to miss work.
5. Understand Vermont’s Statute of Limitations
You generally have three years from the accident date to file a personal injury lawsuit under 12 V.S.A. § 511. Learn more at Vermont Statutes Title 12, § 511. Missing this deadline will likely bar your case.
6. Consult an Attorney Early
An attorney with experience in personal injury claims can:
- Evaluate whether the accident actually caused your worsening condition.
- Identify all parties who may share liability, including other drivers or vehicle manufacturers.
- Obtain expert medical or vocational testimony to strengthen causation and damages.
- Negotiate with insurers and, if necessary, file a lawsuit in Vermont Superior Court.
Helpful Hints
- Act quickly: timely medical treatment and insurer notice protect your rights.
- Be thorough: consistent treatment records tie your exacerbation to the crash.
- Stay organized: use a folder or digital system for all documents, bills, and correspondence.
- Track non-medical losses: note household tasks you can’t perform and any required assistance.
- Get witness statements: neutral accounts can confirm the collision’s severity.
- Don’t accept the first settlement offer: insurers often undervalue complex injury claims.