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What if a Car Accident Aggravates an Existing Injury?.

Often times, people think that they cannot make a claim if a previous injury was aggravated in a car accident.  In many cases, this is not true, and it may even make your case worth much more money.

Here is an example that our car accident lawyers have seen happen after a car accident.  Suppose that you recently had spinal cord surgery, and you get into a car accident.  Even though you were already experiencing pain in your neck and back, the pain worsened after the car accident.  Should you be able to recover for this? Yes, assuming that a qualified medical doctor can show that the car accident aggravated or made the injury worse.

As crazy as this seems, this law is called the “Egg Shell Doctrine”, and it applies to any personal injury that has been aggravated after a car accident.

Pre-Existing Injuries Fall under the Egg Shell Doctrine

Under the Egg Shell Doctrine, the responsible party must accept you in the physical and medical condition in which he or she was before the car accident.  It doesn’t matter if the injured person is young and athletic, has thinning bones, or even a weakened muscular condition.  If you are predisposed to bone fractures, like someone with osteoporosis would be, the responsible party still must pay for any injuries you suffer in a car accident.

Call Us Now to Maximize Your Car Accident Settlement

If the unfortunate happens and you do get into a car accident, the best thing you can do for yourself is to seek legal representation quickly.  If you are injured in a car accident you have the obligation to explain to a car insurance company why you are entitled to money in this special situation.  The experienced car accident lawyers at our San Diego law firm will help you recover for your aggravated injury as well as any new injuries.

With only get one settlement for personal injury.  Don’t you think you should do everything in your power to maximize your car accident settlement?

If you were injured in a car accident that wasn’t your fault and believe that you deserve compensation, then call our bilingual law offices right away at 1-800-655-6585 or click here for a FREE consultation with an experienced car accident lawyer in San Diego and find out how we can help you.  We look forward to providing good advice for your case.  There is no cost for your initial consultation, and there are no fees until we recover a fair personal injury settlement.

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[caption id="attachment_21715" align="alignleft" width="300" caption="Photo Credit: The San Diego Union Tribune"]San Diego Car Accident - Kearny Mesa - Teen drivers in alleged speeding contest[/caption] Last week, we reported on a car accident in San Diego that resulted out of alleged teen street racing. In new developments, the 18-year-old driver charged with the death of the two teenagers involved in the street racing has pleaded not guilty to vehicular manslaughter among four other charges according to reports at the San Diego Union Tribune. The news follows the earlier arrest of another 16-year-old driver that was taken into custody on similar charges. Just shortly after his arraignment, Michael Johnson, the 18-year-old driver of a Volvo S40, said, according to his attorney, that he is not the responsible party in the tragic San Diego accident fatalities that occurred April 4. Accident reports indicate that Johnson was returning from a spring break beach party in La Jolla when he was allegedly involved in a street racing contest with another teen driver – the unidentified 16-year-old driver of a Volkswagen Passat whose name has not been released since he is a minor. According to Deputy District Attorney Kristen Spieler, the two vehicles were zigzagging across lanes at speeds reaching up to a staggering 100 m.p.h. The 16-year-old driver in the Passat lost control over the vehicle, causing the car to flip over several times across multiple lanes of the road. Two passengers, Anthony Foreman, 18, and Jayli Campbell, 16, were thrown from the Passat and died at the scene of the accident. Two passengers survived the crash. Charlotte McQuillen, survived the accident although she suffered serious injury as a result of the collision including reports that say the teen will have to recover from traumatic brain injury. Anthoney Taylor, 16, also survived the crash although his injuries are unclear at this time. Johnson did not flee the scene of the accident according to police reports and cooperated with authorities once officers assessed the scene of the collision. The teen has no prior criminal record, although authorities say his vehicle was found containing a small amount of marijuana. Johnson is being charged with intoxicated driving, although his lawyer says there were no field sobriety tests to confirm the teen’s alleged intoxication. Teen driving: reminders for concerned parents Last week, we blogged on actions parents can take to prevent teen car accidents. Tips include:

  • Sign a parent-teen contract. Download your free contract now.
  • Enforcing the rules. Every teen driver needs to know that rules are there for a purpose, and when they are broken, consequences will follow.
  • Have a DUI backup plan. As most parents can attest, there are many instances when teen drivers run into problems that supersede their know-how and maturity. Drinking is one of those problems. In cases of emergency, your teen should have an open-door policy where they feel safe to call you when they need help – such in the case of drunk driving or driving while intoxicated.
About the Law Offices of Michael Pines, APC The Law Offices of Michael Pines, APC are specialists in car accident injury. Every personal injury attorney in our San Diego office works hard to seek maximum recovery for every injured client. Your case is handled without any out-of-pocket costs, so do not hesitate to speak to a San Diego personal injury lawyer today for a free legal evaluation. Call us at 1-800-655-6585.