The force of a car crash may aggravate an old condition.
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 mailman. 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.
Missouri law states that an accident only needs to contribute to the cause of pain and need for medical care. Burden of proof falls on the defense. They would need to show that your pain and suffering is exactly the same as it was prior to the accident and that you will only need to undergo the same treatment regimen as before. Such was the case with a 62-year-old man in Missouri. For over a decade prior to his car accident he had been treated for back pain. Pain management was intensive and included multiple types of injections and procedures. In response to defendants’ claims that the injuries were pre-existing, the plaintiffs’ lawyers focused on how their client was active prior to the collision. Before going to trial a settlement of $69,000 was agreed upon.
Some Missouri car accident lawyers may view the presence of a pre-existing condition as a weakness to your claim, but that is not true. In some instances, proof of a prior injury may actually go to show how it has been made worse as a result of the accident. If the mailman with the football injury has been receiving regular medical care that included imaging the knee, then a scan of the knee taken after the accident will show how the condition has deteriorated as a result.
Since car accidents can cause injury to virtually any part of the human body, it only stands to reason that any type of pre-existing medical condition or injury may be aggravated by it. Be aware that prior to filing your claim, insurance adjustors 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 that 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 must be allowed access to your previous medical history. By not divulging that information to your attorney, you would be depriving 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 Lawyer
Never allow an insurance adjuster bully you into a low settlement just because of a pre-existing condition. Consult with a Missouri car accident attorney before accepting any deal.
If you have been involved in as car accident in Missouri and, as a result, your pre-existing condition has been aggravated, contact a car accident lawyer at The Hoffmann Law Firm, L.L.C.
Call us today at (314) 361-4242 to schedule a free consultation.
St. Louis Car Accident Injuries
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