What Is Exacerbation?
Exacerbation refers to the worsening of a pre-existing condition or injury due to a new accident or negligent act. In personal injury cases, plaintiffs can seek compensation for the aggravation of their condition, provided they can demonstrate that the defendant’s actions caused or contributed to the exacerbation.
Common Examples of Exacerbation
- Back Injuries: A car accident worsens a plaintiff’s existing herniated disc or chronic back pain.
- Arthritis: A slip-and-fall accident accelerates the deterioration of joints affected by arthritis.
- Psychological Conditions: A traumatic event exacerbates pre-existing anxiety or PTSD.
Legal Considerations in Exacerbation Cases
- Proving Causation: Plaintiffs must demonstrate that the defendant’s negligence directly worsened their condition.
- Medical Documentation: Comprehensive records are essential to show the difference between the pre-existing condition and its aggravated state.
- Damages: Victims may recover compensation for increased medical costs, additional pain, and lost earning capacity caused by the exacerbation.
Courts often scrutinize exacerbation claims closely, making it critical to work with experienced attorneys who can present strong evidence and expert testimony.
