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Pre-Existing Injury Aggravated in Car Accident

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Missouri law states that an accident only needs to contribute to the cause of pain and the need for medical care. The defense bears the burden of proof.

Thousands of Americans are treated for medical conditions every day. Chronic knee pain from a high school football injury could still plague a 35-year-old mail carrier. The force of a car crash may aggravate an old condition. It is only fair that you be compensated for that, even though the defense may think otherwise. It would be helpful to have a car accident lawyer on your side to prove them wrong.

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This attorney is very smart, very experienced, returns phone calls and knows the answers when asked. One call and I knew this was a great law firm for auto accidents.
Response from the owner: Our law firm appreciates this. This is a comment we get from so many people who call…”none of the lawyers we called told me all the things that you did.” Whether we take a car accident case or not, helping people is a good thing.
5 Star Lawyer for sure! Best you will find in Saint Louis.
Response from the owner: Thanks for the 5 Star Rating. Reviews like this are great. Injury victims quickly figure out the TV advertisers are not good. We work hard at being the best we can be and it reflects in our representation of car accident victims.
Watch this lawyer in action. Was way better than all the others. Get this lawyer for an automobile accident for sure.
Response from the owner: Thanks for the recommendation. Besides doing cases, our attorneys train for this. Hard work, case knowledge and technique is key to success in car accident litigation.
Very pleased with The Hoffmann Law Firm. Lawyers are attentive, friendly and go the distance to force the settlement you want. The TV lawyers recommend low offers. This law firm gets the maximum.
Response from the owner: We get calls from car accident victims that had to fire the TV lawyers that they hired. They give the same two reasons: 1) they never spoke to a lawyer at the Big TV law firms, only a paralegal, and 2) the paralegal recommended they accept a low offer. At our law firm, you only talk to the lawyer and if an offer is low we tell you to sue. Thanks!
You will love this car accident lawyer.
Response from the owner: You are the best! Thanks for the review. Our attorneys work hard but it all starts with a great client.
Several lawyers said to call this lawyer because he is the best. You will appreciate this law firm. Helped with the injury and property claims. Attentive and knowledgeable. Great reputation in St Louis.
Response from the owner: Thanks Lexi. Our #1 source of cases is other lawyers referring us cases that are too big for them to handle.
Would use this accident law firm. Best in Saint Louis. Highly rated and it shows. After one phone call, you just know this attorney is better. 5 Stars!!
Response from the owner: Thanks for recommending our lawyers in St Louis. There is a major difference in lawyers as you well know.
Great law firm thanks Leah for the referral
Response from the owner: Appreciate you recommending our law firm. Car accident litigation is all we do and specializing allows us to focus.
Car accident lawyers on tv are not good . Get this attorney ! He is a pro !!
Response from the owner: Thanks Nathan. TV lawyers market for car accidents, use paralegals instead of lawyers and give their employees settlement quotas hence forcing cheap settlements. At our law firm, you get a lawyer who keeps pushing forward for more.
A+ attorney. Smart. Helpful. Great for automobile accident cases. Located in saint louis, missouri. Use him!
Response from the owner: Thanks. Car accident cases are difficult without the right attorney and great clients. Much appreciated.
Quality lawyer. Best law firm for a car accident. Advice was way better than other lawyers I called in St. Louis. Helped with property and injury.
Response from the owner: Thanks. The TV lawyer advertisers are just car accident settlement mills. As soon as people call a real attorney, they always tell us how much better and more helpful we were. Appreciate this.
Get this lawyer if you have an automobile accident. Simply the best!
Response from the owner: Thanks Lizzy. Recommendations from other is the best way to find a car accident attorney.
This lawyer is big time. Smooth. The other lawyers on the other side were not nearly as good as this attorney. I recommend friends in St Louis to him for accident injuries and they all say the same thing…”that lawyer is great.”
Response from the owner: Very nice of you to say. Our lawyers work hard on auto accident cases.
Family used this car accident attorney after a crash. Located in St Louis. This lawyer answers the phone and will walk you through the process. Knows his stuff!
Response from the owner: Taking calls, going over the car accident injury and property process is important. Clients that call always say we are the only lawyers that explained everything. Much appreciated.
Tried the lawyers on TV. They were not good. Hired this car accident lawyer instead because he had great reviews. The reviews are correct. This attorney is as good as they get. He does big injury cases that need to be litigated.
Response from the owner: Car accident lawyers on TV do not litigate cases. It is mass production. They have quotas. Local attorneys are best on auto accidents.
Very very good at injury claims for car wrecks. Use this St Louis attorney. Two thumbs up!
Response from the owner: Thanks for the review! All we do is accidents. When you specialize, your knowledge base and practice skills grow. Thanks!
Used this attorney for an auto accident. Highly recommend this lawyer in St. Louis. Communicates well.
Response from the owner: Communicating with clients is essential. Taking the client though the car accident claims process is important otherwise major mistakes can occur. It is an effort that we make. Thanks!
Best for car accidents in St Louis. Use this attorney.
Response from the owner: Thanks. Great clients make for great cases!
This lawyer is great for car accident injury claims. Did an uninsured motorist case. Very good attorney.
Response from the owner: Car accidents can be insured or uninsured. The claims are much different. Thanks for the review.
Great lawyer if you are in an auto accident. I recommend this attorneys office.
Response from the owner: Thanks J. Glad we got your auto accident case completed and that for telling others about our lawyers.
Very good car accident attorney. Did my and my relatives claims and paperwork. Highly recommend.
Response from the owner: Thanks for recommending our law firm on car accident cases.
Fantastic law firm, I would recommend! Received free consultation related to an auto accident when my parked car was damaged by a baseball. Very supportive advice, these guys are good!
Response from the owner: Thank you!
Recommend this attorney for auto accidents.
Response from the owner: Thanks for recommending our attorneys for an automobile accident.
Best St Louis lawyer for car accidents.
Response from the owner: Thanks Tana. Appreciate this!
Great Lawyer!!
Response from the owner: Thank you
I was in a car accident in St.Louis and hired Chris as my lawyer. He was amazing!!! He helped me every step of the way and was able to get me a great settlement!!!Highly, highly, highly recommend him!
Response from the owner: Each step is important in a car accident. Thanks for recommending us for car accidents injury claims.
If you have an auto accident and need an attorney in St Louis, I recommend Mr Hoffmann.
Response from the owner: Appreciate this James and you did great as well. Car accident claims always start with a good client.
Great car accident lawyer. Did a very good job on my injury case. Thanks!
Response from the owner: Thanks. Appreciate the compliment. All we do is car accident litigation.
Very accomplished accident attorney in Saint Louis. 5 stars for sure!
Response from the owner: Thanks
A car accident lawyer I would recommend to anyone.
Response from the owner: Thanks. That is great of you to say about our lawyers.
Great car accident attorney!!
Response from the owner: Thanks
When I had my accident he was very professional, honest and caring to me and my family it wasn't about the money it was about the care, he made sure me and my kids were took care of and I really appreciate it this is a gexcellant law firm also his secretary is the best,so I would like to say thank you chris for everything melinda .
Response from the owner: Thank you
Great car accident lawyer in St. Louis. This is a very good car accident lawyer in St. Lious. Takes phone calls. Listens. Experienced in injury litigation.
Response from the owner: Thanks Maddie. Our law firm brings experience to the table on car accident cases.
Great people, helped me through a situation over the phone. His words and advice eventually helped me in my case.
Response from the owner: Glad to hear!
Although Mr. Hoffman did not represent me in my case he was willing to take the time to get me in touch with someone who specializes in the type of incident I needed legal representation with. Attorney's such as Mr. Hoffman are difficult to find. He took personal time to keep in touch with me and give me sound legal advice and guidance. I highly recommend speaking with Mr. Hoffman if you require his services. I truly believe he is the type of person who cares and will make sure the job gets done RIGHT. Do not hesitate to contact him
Response from the owner: Anytime!
In an auto accident in St. Louis, the other car pulled out and hit us. The collision was very bad. We were all injured and used this attorney. He is very experienced in handling injury claims and got a great settlement after filing a lawsuit for us. 5 Stars!
Response from the owner: Thanks Ms. Santoni. Side impact car accidents are some of the worst our lawyers see. We have to file lawsuits on nearly every case because insurance companies deny almost every claim, but I am glad we got yours resolved. I appreciate you recommending our lawyers and giving us a 5 Star rating.
My daughter and I were in an car accident. We for both injured badly. After I finally got out of the hospital, I started looking for lawyers in Saint Louis and found this attorney who does accident and injury claims. It said their attorney would answer 24 hours a day. I called their law firm at 10 p.m. and a injury lawyer answered. He was polite, knowledgeable, and advised me of what needed to be done for myself and my daughter regarding the car accident. I hired them to do or auto accident case. They kept me well informed during the car accident case in Saint Louis County Court. I was well prepared for depositions. He help with everything. I got a good settlement as did my daughter for our injuries. Although the car accident was scary, it was bearable having a good helpful attorney on our side. I highly recommend this Saint Louis car accident law firm. Their attorneys and lawyers are great. Highly recommended
Response from the owner: Happy to help.
The Chris Hoffman law firm takesgreat care of all my legal needs. They are caring and personal and will fight for what you need. I highly recommend them. You will be very satisfied and know he got you the best deal available.
Response from the owner: Great cleints are the start to pursuing any legal case and you are the best! Thanks for the recommendation Barbara!
A true professional in terms of car accident cases. I definitely recommend this lawyer for any injury after a St. Louis accident. Very good at what these attorneys do!
Response from the owner: Thank you very much for such a great review. Our attorneys work hard at providing great service. Car accident cases are fought by insurance companies from the property damage through the personal injury claim. This forces people to get local lawyers to do their claims. Missouri and Saint Louis, in particular, is known for accident claim denial even against your own insurance carrier. Thanks again!
You will not find better attorneys for a car accident in St. Louis. Very experienced. These attorneys know all the facets of an accident case and have great advice when problems come up during the injury claim.
Response from the owner: Thanks Jack. Our attorneys appreciate a great review like this. It helps car accident victims know who are the real lawyers in St. Louis who do this work versus the mere advertisers who refer victims to lawyers they have never met for a kickback. Much appreciated!
Thanks for helping with my car accident case. These lawyers are best in St. Louis.
Response from the owner: You are welcome and thanks for the review! A lot of car accident victims read these and find it helpful in choosing a lawyer for their case. Great cases always start with great clients!
great lawyer for auto accident cases . I thought this law firm did great work .Very happy with their services. I would recommend them to others.
Response from the owner: It was very nice of you to leave a review. Thanks Brenda! A good case always starts with a great client. We appreciated the recommendation. It is good to hear back from clients and have them refer us to other injury victims after a car accident. Wish you well!
This is the best choice for a car accident attorney. These lawyers get great settlements.I was recommended to them from some people I know and was happy to get a great recommendation.
Response from the owner: Our attorneys appreciate the compliment! It is great to hear we are doing well. It means a lot when you recommend our lawyers to other car accident victims. Thanks again!
Glad I switched to this auto accident lawyer. These lawyers fight hard for their injury clients. I highly recommend these lawyers.
Response from the owner: We are happy you switched as well. Good clients are the basis for a good case. Fighting to protect your rights after an accidental injury is our sole focus. Your recommendation means a lot. Thanks again for the review.
If you are injured in a car accident you should hire this attorney. This is the best legal representation. These attorneys are very professional.
Response from the owner: Thank you for reviewing our law firm and recommending our lawyers. Attorneys appreciate feedback on whether they are doing well on cases and reviews are one of the best means for this.
ST.LOUIS AUTO ACCIDENT? I RECOMMEND THIS LAWYER FOR ANY ACCIDENT CASE INVOLVING INJURIES. VERY GOOD LAWYERS!
Response from the owner: Appreciate the Good Words! SInce our law firm started focusing exclusively on car and auto accidents, the focus had increased our knowledge and the learning curve has greatly benefited out settlement results. Specializing is key for any lawyers! All benefit from this. Thanks again for the review!
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Missouri law states that an accident only needs to contribute to the cause of pain and the need for medical care. The burden of proof falls on the defense. They would need to show that your pain and suffering are the same as before the accident and that you will only need to undergo the same treatment regimen. Such was the case with a 62-year-old man in Missouri. He had been treated for back pain for over a decade before his car accident. Pain management was intensive and included multiple types of injections and procedures. Responding to the defendant’s claims that the injuries were pre-existing, the plaintiffs’ lawyers focused on how their client was active before the collision. Before going to trial, a settlement of $69,000 was agreed upon.

Some may view a pre-existing condition as a weakness in your claim. However, in some instances, proof of a prior injury may show how it has been made worse due to the accident. If a mail carrier with a football injury has been receiving regular medical care that includes imaging the knee, a scan of the knee taken after the accident will show how the condition has deteriorated.

Since car accidents can cause injury to virtually any part of the human body, it stands to reason that any pre-existing medical condition or injury may be aggravated by it. Before filing your claim, insurance adjusters may attempt to scare you with their knowledge of your condition and offer you a small settlement. Do not be intimidated. Instead, defer them and their questions to your car accident attorney.

The most common pre-existing conditions defense lawyers look for are neck and back injuries, disc disease, and arthritis. Be upfront with your attorney about your past medical history. If your claim goes to trial, the defense will generally be allowed access to your previous medical history. By not divulging that information to your attorney, you would deprive him of the opportunity to review the records and prepare his counter-arguments. Your attorney may even be able to show how your prior injury made you more susceptible to the new one.

St. Louis Car Accident Attorney

Should you disclose your Pre-Existing Condition?

Your pre-existing injuries may contribute to the severity of your injuries in a car accident. In this situation, you may consider whether or not to talk about your pre-existing injuries with someone, thinking that revealing them may harm your car accident claim. However, you should never attempt to hide your pre-existing injuries, as it could do more harm than good.

Pre-Existing Injuries and Car Accident Claims

Trying to hide your pre-existing injuries after a car accident is not a good idea. There are four key principles related to pre-existing injuries and car accident claims. These include:

  1. The insurance company may eventually discover your pre-existing injuries if they decide to investigate your case and conduct research after the accident. If you think this cannot happen to you, think again.
  2. Pre-existing injuries are almost always discovered and discussed during the claim discovery process. Attorneys representing the defendant and the insurance company will likely ask you about prior injuries and accidents. You may even have to share your medical records with them.
  3. Attempting to conceal pre-existing injuries can do more harm than good. If the other party discovers pre-existing injuries, this could jeopardize your claim. The attorney and insurance company may think you deliberately concealed information about the pre-existing injury. They can use this information against you to imply that you are fabricating or exaggerating your symptoms. If there is a judge involved, you may have to face discovery sanctions, or you may be prohibited from presenting certain evidence if it is discovered that you tried to conceal your pre-existing injuries.
  4. Finally, hiding your pre-existing injuries may not help your claim because the at-fault party must take you as you are, which means that even if your injuries are worse than they would have been due to the pre-existing injuries, the at-fault party is still liable. However, there is an exception to the rule. You may not be able to seek compensation if your injuries would have occurred regardless of whether or not the car accident took place. In this case, your injury would be attributable to the pre-existing condition, not the accident. Hence, the other party cannot be held liable.
Car Accident Injury Lawyer

5 Common Pre-Existing Conditions Car Accidents Aggravate

1. Back Problems 

Generally, your spine cannot sustain heavy impacts. What’s more, trauma or impact from a car accident can stress your lower back and aggravate your already painful condition.

Some pre-existing back problems that can worsen after a car accident include spine arthritis and compression fractures. You may also experience extended lower back pain after an accident if the discs in your spine were worn out or broken before the accident. 

2. Neck Problems

During a car crash, sudden neck movement can aggravate pre-existing cervical arthritis or neck sprain. Sudden movements can also cause whiplash, worsening pre-existing or degenerative neck injuries or conditions. 

3. Brain Injuries or Conditions

Previous brain injuries or conditions can also become more severe after an accident. For example, if you get involved in an accident while recuperating from brain trauma, you could suffer a second impact syndrome (SIS). SIS is a brain swelling that occurs when one suffers a second concussion before the first one has completely healed.

A car accident can also cause your body to release a surge of neurochemicals and hormones that cause insomnia and disrupted sleep. Insomnia and disrupted sleep can make brain injuries or conditions worse. 

4. Fractured Bones

If you have fractured bones, an accident is the last thing you want to happen to you. Car accidents greatly impact the body and can leave your healing bones in bad shape. 

5. Arthritis   

Naturally, arthritis is very painful, and the impact of a car accident can make the pain even more severe. It can also cause increased stiffness and swelling in arthritis-affected areas.

Pursuing Damages That Arise From Aggravation of a Pre-Existing Condition 

Under the eggshell skull rule, accident victims can generally recover compensation for the aggravation of a previous injury or condition. However, you should know that the at-fault driver’s insurer typically won’t compensate you without a fight. The insurer will likely develop all sorts of defenses to discredit your claim.

Therefore, it is highly recommended that you speak with an experienced St. Louis car accident attorney before speaking with any insurance companies or adjusters. An injury attorney can help you gather evidence to prove that the crash has aggravated your condition. 

Never allow an insurance adjuster to bully you into a low settlement just because of a pre-existing condition. Consult with an experienced car accident attorney before accepting any deal.

Free Consultation with a St. Louis Car Accident Lawyer

Don’t talk to an insurance claims adjuster before speaking with The Hoffmann Law Firm, L.L.C. We can help you avoid making statements that may affect the outcome of your case. The consultation is free; you don’t pay unless we get you money!

Updated: June 11, 2024