Pre-Existing Injury

Pre Existing Injury Aggravated in Car Accident

November 10, 2022 by Christopher

Not all St. Louis car accident claims are simple and straightforward. Here’s what you need to know if a pre-existing injury was aggravated in your car accident.

Anyone who gets injured in a St. Louis car accident caused by the fault of another person or party is generally entitled to receive compensation for both economic and non-economic losses from the at-fault party. However, not all claims are simple because the circumstances surrounding every case differ. When making an injury claim following a car accident, some people wonder if their pre-existing medical condition or prior surgeries would influence their financial recovery.

For example, the victim who wants to make a claim had undergone a wrist fusion before the accident, and the fuse was not completely healed. The accident caused a fresh injury to the wrist, and the victim’s condition gets aggravated. In such cases, the victim would likely still be able to make a claim.

What Is a Pre-Existing Condition?

You may have heard the term “pre-existing condition” in the context of health insurance, and it means pretty much the same thing in the field of law.

A pre-existing condition is any kind of health issue or injury that you experienced in the past, and has affected your health before your car accident. About 50% of all non-senior adults have a condition or injury that may count as a “pre-existing condition.”

Medical History and Insurance Companies

When a person files a claim for a car accident injury that resembles any other injury in your medical history, the insurer will likely argue that the fresh injury is a mere aggravation of the pre-existing injuries. The victim does not have to accept this argument as they are legally entitled to fair compensation for their injuries whether they are new injuries or an aggravation of previous injuries.

Proving New vs. Pre-existing Injuries

No matter you have suffered a completely new injury or aggravated any previous injury, you need to prove it, and the best proof is your medical records. If the prior injuries have got aggravated then there would become overlap in the medical treatment. The victim would need the doctor’s help to prove whether the injuries are new and separate or pre-existing.

Doctor’s Statement

Make sure you tell your doctor everything about the car accident right from the start. Tell your doctor about all your symptoms no matter how minor they seem. Let the doctor know of the pain, soreness, numbness, tingling or any discomfort you felt on impact. The doctor’s opinion would be binding on you, and his/her diagnosis and prognosis of your car accident injuries in relation to the pre-existing injuries would be the best evidence in support of your claim.

Remember, insurance adjusters are trained and experienced and when you file a claim they would ask for your medical records. Although they do not have a legal right to check out your records, if you do not provide them, the adjuster can deny your claim. It is important to be honest about any pre-existing conditions or it can affect your credibility and of course, your injury claim too.

Do Pre-Existing Conditions Affect Compensation After a St. Louis Car Accident?

If you or a loved one had a pre-existing condition and then was seriously injured in a car accident in St. Louis that made the condition worse, you may be worried that this will affect their ability to get compensation. Let’s discuss the basics of pre-existing conditions and why it’s a good idea to discuss your pre-existing conditions with an experienced attorney.

Can You Seek Damages For Pre-Existing Injuries & Conditions?

It’s not possible to seek damages for pre-existing injuries and conditions, as a general rule of thumb.

For example, if you have experienced back pain in the past and you’re taking prescription medication for the pain, then you are involved in a car accident that results in a broken leg or arm, you can only seek compensation for the broken leg or arm. If the accident did not affect your back, you can’t seek damages for this issue since it was a known and pre-existing condition.

You May Be Able To Recover Compensation if Pre-Existing Injuries or Conditions Are Aggravated

Worried that a pre-existing condition will stop you from getting compensation for an injury caused by a car accident in St. Louis? In most cases, this won’t happen – because even though you can’t seek damages for pre-existing injuries, you may be able to get compensation if an auto accident makes the condition worse.

Using the above example again, let’s say that you have experienced back pain in the past, and are on pain medication for this issue. Then, you get in a serious accident that results in fractured back vertebrae.

In this case, you may still seek compensation for the injury, even though you have experienced back issues in the past. The injury to your vertebrae could aggravate or accelerate your previous back pain – which would not have happened if you were not involved in a St. Louis car accident.

Auto Accident Claims Attorney St. Louis

If you have a pre-existing condition and you suffer a fresh injury in an automobile accident, it would be in your best interests to get in touch with an automobile accident attorney to help you deal with the insurance company and obtain rightful compensation. Call (314) 361-4242 today to schedule a free consultation with an experienced St. Louis car accident lawyer.

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St. Louis Car Accident Aggravated Pre-Existing Condition?

May 3, 2021 by Christopher

Car accidents can be devastating, and even if you do not suffer a debilitating injury from the accident itself, a major accident can often worsen an existing medical issue.

If you already have a medical problem and the accident makes it worse, what kind of damages can you get? Are you entitled to compensation.

You Can Generally Get Compensation for Pre-Existing Conditions Worsened by an Accident

Generally speaking, you cannot receive compensation for injuries or conditions that are not worsened by a car accident. In other words, only pre-existing conditions that were directly affected by the accident qualify for compensation.

For example, if you suffer from chronic back and neck pain and are involved in an accident that causes whiplash and damages your spine, you will be entitled to compensation for your injuries.

However, it’s important to note that you are only entitled to receive compensation to the degree that the accident made your pre-existing condition worse. This is also called the “exacerbation” or “aggravation” of an existing condition.

When recovering damages, you are typically able to receive compensation for your injuries and pain and suffering, as well as medical bills. You may also be entitled to compensation for mental health issues like depression and anxiety related to the accident.

Detailed Medical Records About Your Pre-Existing Condition Are Important

To obtain compensation for the aggravation of a pre-existing condition, it’s important to be able to establish your pre-existing condition, its severity, and how it affected your life before the accident.

Detailed medical records and other such information about your pre-existing medical conditions are essential for this. If you cannot prove your condition’s existence, this may limit your ability to recover damages.

In addition, if you lie or fail to disclose your pre-existing condition during proceedings, this could jeopardize your case and even expose you to legal penalties. It’s important to be open and honest about any medical conditions you suffered from before your accident.

Has Your Pre-Existing Condition Been Made Worse By a St. Louis Car Accident?

Unfortunately, insurance companies often do their best to deny claims and reduce compensation in situations where a pre-existing condition has been worsened by a car accident.

To ensure that you get the compensation you deserve, it’s important to work with an experienced St. Louis car accident lawyer. An experienced attorney can understand the details of your case, compile evidence proving your claim, and negotiate with insurers and other parties for the best possible outcome.

Don’t wait. Contact The Hoffmann Law Firm today. Our experienced auto injury lawyers in St. Louis can review your case and provide you with the professional representation you need to recover the compensation you are legally entitled to.

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Click to Call: (314) 361-4242

How a Pre-Existing Condition Can Impact Your Car Accident Claim

November 10, 2020 by Christopher

The truth is, your pre-existing condition will likely become a debated topic in the negotiations with the insurance company.

People are usually not in a perfect state of health before entering the process of a car accident claim. However, some of them may be suffering from a pre-existing condition, which is a condition that was diagnosed before the car accident occurred, and for which, a car accident victim had been receiving some form of treatment.

If this is a similar situation to the one you’re in, you may be wondering how your pre-existing condition affects your claim. The truth is, it will likely become a debated topic in the negotiations with the insurance company.

Car Accident Claims and Pre-Existing Conditions

A car accident claim will not pay for any treatment you have for pre-existing conditions, however it should generally cover the costs of additional treatments if the car accident made your condition worse. This is the general rule, but as you might expect, there is a lot of room for interpretation.

Let’s put it into context. Say you were diagnosed with anxiety before the accident and were seeing a therapist regularly to take care of your condition. If you are involved in a car accident, the settlement will not include the cost of therapy because in this case anxiety is a pre-existing condition and the car accident is not responsible for it.

However, the event could make your condition worse. Your therapist may need to put you on medication because of it, in which case you can argue that your settlement should include the cost of the medication. You did not need this treatment before, but the car accident made your condition worse.

How a Pre-Existing Condition Can Hurt Your Claim

The problem with pre-existing conditions in car accidents is that you can’t prove that the car accident is the sole reason a condition got worse. Using the previous example, it will be hard to show that the car accident was the only event that leads to worse anxiety and the need for medication.

The insurance company may try to argue that some other event may be responsible, for example, a recent death in the family. Or, even if such an event does not exist, there is no way to know if the anxiety would not have gotten worse because of the nature of the condition itself, and the car accident just happened to occur.

How an Attorney Can Help!

If you suffer from a pre-existing condition and get involved in a car accident, don’t get discouraged. Speak with an experienced St. Louis car injury lawyer as soon as possible, to ensure you get the full amount of compensation you are legally entitled to.

Pre-existing conditions can complicate such claims. However, an experienced lawyer will understand how to build a strong case and make sure the insurance company doesn’t get its way. The fact that you were not in perfect health at the time of the accident should not mean you don’t get compensated.

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Click to Call: (314) 361-4242

Will a Pre-Existing Injury Affect My St. Louis Car Accident Claim?

August 10, 2019 by Christopher

Insurance companies are notorious for doing everything they can to pay as little as they can in compensation to car accident victims.

Insurance companies will generally look for some reason to either attribute a percentage of the guilt to you or find some cause to justify a lower claim or deny your claim altogether.

Could a pre-existing injury be that cause?

What Does the Law Say?

Missouri law clearly states that victims of car accident deserve to be compensated for the damage such an incident has caused them. In case the victim has a pre-existing condition, then the ‘eggshell rule’ applies, which essentially means the other party needs to take the victim as they find them.

Your pre-existing condition should not have any impact on whether or not you get compensated after the car accident, and if the insurance company denies your claim because of it, they are likely doing so without cause.

What a Claim Will Cover

The benefits you receive after a car accident will cover the costs you are forced to pay as a direct result of your car accident. That means medical bills, subsequent treatment, repairs, and even coverage for pain and suffering.

Treatment for pre-existing conditions is not eligible for compensation, because they were not directly caused by the car accident. As a result, if the car accident broke your leg, and you were also suffering from anxiety and following treatment, then the claim will generally only cover the medical costs of your fracture, and not also your anxiety medication.

However, if the incident aggravated your condition, then the situation changes. If your anxiety gets worse, and that has an impact on your quality of life, by law you may be compensated for it. Your therapist could testify and argue in your favor.

The issue is that you have to convince the insurance company that this is the case, which often means providing medical evidence that shows how your condition was pre-accident, and how it has gotten worse after.

Unfortunately, in some cases that may be difficult to prove, especially if there are no visual signs of the illness. People suffering from chronic pain, for instance, may see their condition flare-up and get worse, but ‘feeling more pain’ can be somewhat difficult to prove to the insurance company.

Speak With an Experienced Car Accident Attorney

Work with an experienced St. Louis car accident lawyer, preferably with experience handling cases involving pre-existing conditions. A lawyer can take over negotiations and discussion with the insurance company, as well as gather evidence to support your claim.

In the meantime, you can take the time to focus on your recovery. Insurance claim negotiations are difficult, and it’s almost impossible not to let them affect you if you do it on your own.

Give us a call 24/7 at (314) 361-4242 for a free and private case evaluation.

Car Insurance Claim Denied – What Next?

June 13, 2018 by Christopher

Insurance companies work hard to limit their liability. It is important to speak with a car accident lawyer to understand what you are entitled to.

When you are in a car accident in the state of Missouri, who is at-fault is determined, and then that person’s insurance company is generally responsible for paying for both the injuries of the at-fault driver and any property damage.

It might be the case that both, or even multiple drivers, are at-fault due to comparative negligence. If more than one driver is at fault, then the insurance company is responsible for paying for their “portion” or percentage of negligence according to the law.

If you filed a claim for personal injury through your insurance company and you are being denied coverage, there are times when it will “stick” and others when the insurance company is just looking for a way out of their obligation.

Knowing the difference, and defending yourself against being turned away when you shouldn’t, is critical to getting the compensation that you deserve.

Why Would an Insurance Company Deny a Claim?

You pay your premium and expect that an insurance company’s job is to ensure that you are adequately compensated when you are in an accident, but that might not always be the case. A car insurance company is in the business as a business.

That means that their goal is to be profitable. They do that by trying to limit their liability any way that they can. That gives them an incentive to deny claims that are real and justified, to make people jump through hoops and hopefully give up.

It also means that an insurance company will almost always low ball how much they give you. Whether it is assessing your car repairs at a lower cost than is realistic or trying to limit your non-economic damages, they will work hard to pay you as less as possible, not to compensate you wholly.

Valid Reasons Why They Can Deny Your Claim

Not all denials are based on unethical practices. There are valid reasons that your claim might be denied, the most common being:

Your insurance was expired when you were in the accident.
There isn’t enough evidence to prove that you were at-fault in the crash.
The accident happened in a location where your policy does not cover you.
You don’t have the proper documentation to determine that you were injured at all, or your injuries were pre-existing, and not a result of the accident.

Your insurance company is required to pay for a car accident where you were at-fault, period. If you are being denied coverage, it is crucial that you speak with a St. Louis car accident attorney as soon as possible.

Even if the insurance company is trying to minimize your compensation, your St. Louis car accident lawyer will fight hard to ensure that they live up to their end of the deal and only pay the amount to which they are obligated. If you don’t fight, you won’t win.