Have a pre-existing condition and involved in a car accident? Wondering how it affects your claim? Contact Hoffmann L.L.C
If you’ve been injured in a car accident and have a pre-existing condition, you might wonder how it could affect your claim. Insurance companies often try to use pre-existing medical issues to reduce or deny compensation, but the law protects your right to recover damages for new injuries or the worsening of existing ones.
At The Hoffmann Law Firm, L.L.C., we understand the challenges of dealing with pre-existing conditions in car accident claims. With decades of experience, we’ll fight to get you the compensation you deserve. Contact us today for a free consultation, and let us help you navigate the complexities of your case.
A pre-existing condition is any injury, illness, or medical issue you had before the car accident. Common examples include:
Chronic back pain
Arthritis
Prior fractures or surgeries
Degenerative disc disease
Pre-diagnosed mental health conditions like anxiety or PTSD
While pre-existing conditions are common, they can complicate the claims process when they overlap with injuries caused by the accident.
How Pre-Existing Conditions Affect Car Accident Claims
Aggravation of Pre-Existing Conditions
If a car accident worsens a pre-existing condition, you are entitled to compensation for the aggravation. For example:
A person with mild arthritis may experience more severe joint pain after an accident.
An old back injury previously stable could become debilitating after a collision.
This is known as the “eggshell plaintiff” rule, which holds that the at-fault party is liable for injuries caused, even if the victim is more vulnerable to injury due to pre-existing conditions.
Challenges in Proving New Injuries
Insurance companies may argue that your injuries are not new but rather symptoms of your existing condition. They might use your medical history to downplay the severity of your injuries or claim that the accident had little to no impact on your health.
Increased Scrutiny by Insurance Companies
Insurance adjusters will closely examine your medical records when you have a pre-existing condition, looking for reasons to reduce or deny your claim. They may:
Question the severity of your injuries.
Argue that treatment is unnecessary because it relates to your pre-existing condition.
Attempt to shift blame to your health history instead of the accident.
How to Strengthen Your Claim
Despite these challenges, there are several steps you can take to protect your right to compensation:
Be Honest About Your Medical History
Full disclosure is crucial when dealing with insurance companies or pursuing a personal injury claim. You must disclose a pre-existing condition to maintain your credibility and your case.
Document the Aggravation of Your Condition
Work with your doctor to clearly document how the accident has worsened your pre-existing condition. Medical records, diagnostic tests, and treatment notes can establish the difference between your pre-accident and post-accident health.
Seek Immediate Medical Attention
Prompt medical care ensures that your injuries and the impact on your pre-existing conditions are properly documented. Delays in treatment can give insurers a reason to question the validity of your claim.
Obtain a Doctor’s Opinion
Ask your healthcare provider to provide a written statement or testimony explaining:
Your condition before the accident.
How has the accident aggravated your condition or caused new injuries?
The necessary treatment and expected recovery process.
Avoid Signing Medical Releases Without Legal Advice
Insurance companies may request access to your medical records but aim to find evidence to minimize your claim. Consult with an attorney before signing any release to limit access to only the relevant medical information.
How Insurance Companies Use Pre-Existing Conditions Against You
The “Causation Defense”
Insurance adjusters often argue that your injuries were not caused by the accident but stem from your pre-existing condition. For example, if you’ve had back pain for years, they may claim that the accident didn’t worsen it.
Cherry-Picking Medical Records
Insurers might comb through your records to find unrelated past injuries or treatments they can use to argue that your current condition is not accident-related.
Low Settlement Offers
By downplaying the accident’s impact, insurers may offer you a settlement that doesn’t reflect the full extent of your injuries and their effect on your life.
The Role of the “Eggshell Plaintiff” Rule
The legal principle of the “eggshell plaintiff” rule is essential in cases involving pre-existing conditions. This rule means that the at-fault party is responsible for all injuries caused by their actions, even if the victim was more susceptible to injury due to a pre-existing condition. In other words, the defendant cannot avoid liability simply because the victim was not in perfect health.
Compensation for Pre-Existing Conditions Aggravated by an Accident
If your pre-existing condition was made worse by the accident, you may be eligible for compensation for:
Medical expenses (past and future)
Lost wages
Pain and suffering
Reduced earning capacity
Long-term care or rehabilitation
The key is to differentiate between your pre-accident baseline and your post-accident condition with the help of medical evidence.
When to Consult an Attorney
Navigating a car accident claim involving pre-existing conditions can be complex. An experienced personal injury attorney can:
Counter insurance company tactics that seek to minimize your claim.
Work with medical experts to establish how the accident aggravated your condition.
Negotiate for a fair settlement that reflects the full impact of your injuries.
Contact us Today
A pre-existing condition doesn’t mean you can’t recover compensation after a car accident. In fact, the law protects your right to seek damages for new injuries or the worsening of existing ones. The key is to be proactive: document everything, seek immediate medical care, and consult a qualified attorney to protect your rights.
At The Hoffmann Law Firm, L.L.C., we understand the challenges of dealing with pre-existing conditions in car accident claims. With decades of experience, we’ll fight to get you the compensation you deserve. Contact us today for a free consultation, and let us help you navigate the complexities of your case.
Chris Hoffman is an excellent attorney. He is the best above the rest. What makes him different? He communicates promptly - I don't have to leave message after message for him to reach out to me. When I telephone his office, if he doesn't answer the telephone, his assistant does. Chris Hoffman is very attentive and focused. He means business, and he hit the ground running on the cases. I'm so blessed to have him for my attorney.
"Of all the lawyers I have met, this one is a true professional. This attorney goes against the biggest law firms and wins!"
Response from the owner:The compliment is much appreciated. Like every profession, it all starts with training our lawyers to be the best at every aspect of car accident cases. But the foundation of a great case is a great client. Thanks!
I'd say this lawyer is in the top three of the best you'll ever see. Add this attorney to the interview list if you ever get in an automobile accident. This Law Firm is on another level.
Response from the owner:Much appreciated. Techniques that an attorney or any professional uses are paramount for success. This is part of our lawyers training and preparation. It leads to success. Thank you!
People say this is the best car accident lawyer in St.Louis. Yep! Seeing this attorney in action is incredible.
Response from the owner:Great compliment. We work hard to be the best. Our lawyers also work very hard to help other lawyers in our profession. Not matter what, a cases is only as good as the client is. Thanks!
Response from the owner:Thanks! Referrals and recommendations from prior car accident clients is our #1 source of cases. People who grew to trust us send family and friends.
The Hoffman law firm is truly professional. After hiring them I was truly relieved and knew I was in good hands. Highly recommend!
Response from the owner:Being in good hands is important. Many lawyers take cases with little experience and little resources. Our firm specialized decades ago. We are focused exclusively on accident cases.
The lawyers on tv just dont compare for auto accident injury cases. Mr.Hoffmann is as good as they get.
Response from the owner:Thank you. The TV attorneys are just settlement mills. People are hiring a paralegal, not a lawyer. Our law firm is different. You are represented by an attorney and we do not have settlement quotas.
I would describe this lawyer as highly educated, sharp, and top of his game. Explains the car accident process and treatment options well. The lawyer said if they don’t pay you, we will have the jury take it from the insurance company. Great lawyer. Dynamic person.
Interviewed all the TV car accident lawyers and decided to call this law firm that had great reviews. So happy I did. What a difference!
Response from the owner:TV car accident lawyers are just mass production. This is not a good fit for litigated cases. Paralegals instead of lawyers. Monthly quotas for settlements. Car accident victims end up in a cattle call with the lawyers on TV.
Love my car accident lawyer. This law firm is a step above.
Response from the owner:Our lawyers train and track the best approaches on cases. Whether litigation in cases or the practicalities of certain treatment, the growth of our lawyers over time is paramount. Always staying ahead of and setting practice trends. Thank you.
Serious family member have a car accident injury? Look no further. This litigator is for real. Always two steps ahead of the other lawyer.
Response from the owner:This is a sad reality for car accident lawyers. The #1 passenger in an auto accident is a relative. Helping a family make it through this and putting the family back together is one of the most rewarding things I do as an automobile accident attorney.
This lawyer handles really big accident cases in St Louis. He is a lawyer, accountant and has his masters in tax so he gets the injury cases for individuals that can never go back to work or individuals own a business and cannot run it due to injury. He specializes in valuations of massive loss. Thank goodness a firm like this exists.
Response from the owner:Thank you. When accident are severe and you lose the ability to work or to continue a business, having an accounting and tax background is key. Valuing large losses are second nature for us.
Asked a trauma surgeon who operates on car accident victims who are the best injury lawyers that have taken his deposition. He said “by far” it was Mr Hoffmann. Interviewed several attorneys and this was a correct assessment. In a league of his own!
Response from the owner:Our attorney have deposed nearly all the trauma surgeons at every Level 1 Trauma Center in Saint Louis. These doctors save lives after a car accident. Whether controlling bleeding or reestablishing blood flow or bone structures, they are life savers.
Few lawyers in St. Louis can handle the biggest injury cases! This is one of them!
Response from the owner:Our law firm has made great efforts in terms of training to handle life changing injury cases. Whether in depth knowledge of the medical, loss of income and earning capacity, or lifetime medical care plans, our clients feel confident and know their case is in good hands. Thank you for the compliment.
Cannot say enough about this lawyer. Call if in an accident. This attorney handles the biggest car accidents in St Louis.
Response from the owner:Thanks Ash! Our biggest source of cases is our clients. Our second biggest referral source is defense lawyers telling their relatives to call us. Few lawyers can handle the largest cases. Our law firm welcomes and has trained for this. We don’t do mass production settlement like the lawyers on TV. Our clients can never go back to work. Their cases need massive focus and effort and often long fought litigation.
So glad I called attorney Hoffmann. This time I got it right! So glad I hired the Hoffmann Law Firm - professional, reliable and available.
Response from the owner:Thanks Taylor. Our lawyers answer the phone day, night, weekends and even during lunch. Being professional means training to beat the best defense lawyers. Client rely on us to get results and we do.
Great lawyer. Cares about his clients, knows his stuff and goes the extra mile. I recommend this lawyer for car wreck injury claim. Every other lawyer on TV would not even help with my property claim. This attorney did.
Response from the owner:Thank you for the kind words. Every case starts with a great client. You are correct the car accident lawyers on TV are mass production settlement mills. When injury clients fire them, we get their files and the cases are not worked up at all. Appreciate your confidence in us!
