$100,000.00 For Pre-Existing Injuries That Were Exacerbated By An Auto Accident

Written by Charles J. Gale. Posted in Auto Accidents, Rear-Ended

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Our office recovered $100,000.00 for pre-existing injuries that were exacerbated by an auto accident, in this case a sixty-five year old retired man.

In cases such as this, when the fault of the other driver is obvious, the insurance carrier does not dispute fault.  In fact, the insurance company will gladly agree to pay for all medical bills “reasonable related” to the injuries sustained.  Furthermore, the insurance carrier will agree to pay for a “fair compensation: for the injury itself.

In this case, and in almost all cases, what the insurance carrier believes is “fair compensation” and what a reasonable person will think is “fair compensation” is vastly different.  Likewise with the medical bills.  What the insurance carrier believes are bills “reasonably related” to the injuries sustained and what a reasonable person thinks are bills “reasonably related” are vastly different.

And, to complete matters, many times the injured party, such as our client, will have pre-existing injuries that were exacerbated by an auto accident.

In fact, many sixty five year old retired individuals may have pre-existing medical conditions that they are dealing with day to day.  For example, our client had pre-existing knee ailments with bi-lateral knee replacements, shoulder ailments with bilateral shoulder replacements, foot injuries with nerve relocations, hand ailments due to arthritis, etc.  To our client’s dismay, the insurance carrier used these pre-existing ailments as evidence against our client that our client did not injure his shoulders, knees, hands, etc. from the auto incident since he was already “injured.”  And, to make matters worse, the insurance carrier claimed our client’s pain and suffering was not made worse by the auto accident.

The truth is different.  Many times a person’s will have pre-existing injuries that were exacerbated by an auto accident.

Many times a person’s pre-existing conditions are asymptomatic and under control prior to an accident, only to be made symptomatic and exacerbated by the auto accident.  And, that is exactly what happened in this case.  Our client had a pre-existing hand injury that, because of the auto accident, now required surgery to repair.

The insurance carrier refused to pay for this surgery.  In fact, the insurance carrier refused to acknowledge that the medical condition, in this case carpal tunnel syndrome and De Querain tenosynovitis, were caused by the accident.

Luckily for our client, we were able to prove that, in fact, the carpal tunnel syndrome and De Querain tenosynovitis were caused by the accident.  Further, we were able to prove that the surgery was the direct result of the accident.

In many auto accidents, the insurance carrier will claim that the pre-existing injuries were not exacerbated by the accident.  The insurance carrier will claim that the pre-existing injuries that were asymptomatic prior to the accident but are now symptomatic after the accident is not the result of the accident.

If you have pre-existing injuries that were exacerbated by an auto accident, you have the right to receive not only payment for your medical bills, but also compensation for the worsening of your condition.  Do not let the insurance carrier tell you that your pre-existing medical condition cannot be aggravated by an auto accident.  Or you’re your pre-existing medical condition which not requires additional medical treatment was not caused by the auto accident.

If you have pre-existing injuries that were exacerbated by an auto accident, CALL THE LAW OFFICE OF CHARLES J. GALE.

$85,000.00 for Rear-Ender Auto Accident

Written by Charles J. Gale. Posted in Auto Accidents, Rear-Ended

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Our office recovered $85,000.00 for our client who was involved in the all too common “rear-ender” auto accident.

In this case, our client, a fifty-seven year old woman, was simply rear-ended while driving on the expressway. Naturally, the insurance carrier felt that our client sustained only minor injuries.

In many rear-ender auto accidents, the insurance carrier will claim that there were no injuries, or only minor injuries, sustained in the accident. And, they will support this claim on the fact that there was no ambulance involved. Or that the client did not go to the hospital the day of the accident. Or that the client did not go to the hospital at all until days later.

Even in those cases in which the client does go to the hospital immediately from the scene, the hospital record may not fully reflect the extent of the injury. Quite often the areas of pain the day after the accident will be substantially different than the pain noticed the day before. Or, sometimes severe pain to one body part may mask an injury to another body part. Very simply, how one feels immediately after an accident may be entirely different days, even weeks later.

In this case, our client went to the emergency room three days in a row complaining of headaches, dizziness, vomiting, and back pain. Seven months later, our client had an MRI of the left shoulder, confirming a rotator cuff tear. Naturally, the insurance carrier refused the claim for a left shoulder injury, stating that our client did not injure her shoulder in the accident. Specifically, the insurance carrier claimed, correctly, that our client had no left shoulder complaints the day of the accident. And that our client had no complaints of shoulder pain on the three hospital visits following the accident. Therefore, our client did not injure her shoulder from the accident.

This scenario happens quite frequently in auto accidents. That is, many times a client will sustain injuries that do not fully manifest themselves until weeks, sometimes months after the incident. This usually occurs when a person sustains other painful injuries that attract most of their attention. Other, more serious but less painful injuries, are simply not noticed or not given adequate attention. A week or so later, when the distracting and painful injury subsides, the more serious injury begins to become noticeable.

This type of injury can be seen with ligament tears, such as tears to the ligaments or tendons of the shoulders or knees. Quite often, the injury is not very painful at first. It is only when the injury does not seem to get any better that the client gives it his full attention.

In this case, our client ended up tearing the ligament in her left shoulder. She underwent shoulder arthroscopic surgery involving rotator cuff repair. The surgery was performed one year after the accident.

The insurance company refused the claim and a lawsuit was filed. It was only after extensive litigation that the insurance carrier accepted liability.

If you are involved in an auto accident, you may have injuries that you do not think are serious, but are. These injuries may require medical attention sooner or later. The longer you wait to document your injuries, the more likely that the insurance carrier will deny your claim.

Don’t wait until the insurance carrier denies your claim. Call the Law Office of Charles J. Gale.

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Law Offices of Charles J. Gale, PC
14007 South Bell Road, Suite #254
Homer Glen, Illinois 60491

(630) 243-6409