If you’ve been in a car accident, got hurt, and filed an auto insurance claim for damages, there are a lot of different things that can go wrong. But one thing that can guarantee a pretty difficult time getting compensated is suffering a subsequent injury.
Humans don’t live inside a bubble, and no matter how careful you are, it’s not impossible to sustain another injury, on top of your existing health problems. But how and why can these affect your claim?
It Makes the Case Very Complicated
If you get hurt today, file for car accident compensation, then get hurt again the next week, this scenario will create a grey area for everyone involved.
In some cases, not even your treating physician will be able to separate what injuries were sustained in the initial accident, and what was caused by the later. Moreover, the second accident could worsen the injuries you already have, which means the insurance company will likely fight to lower the settlement.
And legally, they may be able to. In an auto accident claim, the insurance company has to pay for the medical treatments directly resulting from the car accident. But they are not responsible if something else makes your condition worse, like different accident.
This is different from a situation where your health condition takes a turn for the worse. Some injuries or procedures needed to address them have risks, and if there is a possibility for your condition to get worse and need more treatment, that should still be covered by the insurance claim.
However, if there is an external cause for your condition worsening, that’s a different matter entirely.
What Can You Do Now?
This is a very difficult situation, and your best option at this time to protect your legal right to compensation is to contact an experienced St. Louis car accident attorney.
The at-fault driver’s insurance company will most likely use your subsequent injury to try and lower your settlement or even dismiss it completely. And without the right protection, they may even succeed. Or, they may scare you into accepting a lowball settlement that doesn’t even begin to cover your pain and suffering.
A lawyer may be able to build a case and meet any obstacles placed by insurance adjusters head-on. To do it, they will need to gather a lot of evidence, and maybe even bring on expert witnesses that can help separate the two sets of injuries.
What Can You Do?
If you suffer subsequent injuries, it doesn’t necessarily mean your car accident claim just went out the door. Get in touch with a St. Louis car accident attorney now for a case consultation.
Your case got a lot more difficult, but not impossible to win. With the right legal counsel, you can make your case and work to reach a fair settlement amount.
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