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.