Our office recovered $125,000 for Pedestrian Hit by Vehicle while standing next to his car in the parking lot.
Our client, a thirty-eight year old male, was standing next to his car in the parking lot when another vehicle struck him in the leg. There was no damage to either vehicle. Because of this, the insurance carrier denied that there was an accident, and specifically, denied any contact by their vehicle to our client. And, to complicate matters, our client had a prior knee injury. That is, the injury sustained in this accident was the same injury that our client had sustained years earlier. This is a very common scenario that takes place in many injury cases.
The pre-existing injury defense argues that our client had injuries that existed prior to the accident. In particular, the injury to our client’s knee was incurred prior to this accident by a previous incident. Furthermore, this accident did not make his prior knee injury worse. The insurance carrier will attempt to support this argument by the medical records, usually x-rays or MRI scans taken before the accident and compared to x-rays and MRI’s taken after the accident. We use the same medical records to support the argument that the accident did in fact make our clients’ injury worse. As is common in these matters, two individuals, myself and the insurance adjuster, looking at the same facts, in this case the medical records, will come to vastly different conclusions. It is our burden to prove that our view of the medical records is correct. And that the adjuster’s view of the medical records is wrong.
To prevail on this issue, other matters besides the medical records are also used to prove that the accident made our clients’ pre-existing injury worse. Our clients’ work limitations before the accident were compared to his work limitations after the accident. The need for therapy after the accident was compared to his need for therapy before the accident. In general, our clients need for medical treatment immediately after the accident, including diagnostic testing, arthroscopy and other treatment was compared to our clients need for medical treatment immediately prior to the accident.
In short, simply proving an accident caused by the insured is not sufficient to recover compensation for your injury. You must also prove that the accident made your pre-existing condition worse. If you are involved in an accident, and had a pre-existing injury to that same part of your body, proving the extent of your injury can be problematic. In short, you can expect the insurance carrier to fight you on this issue.
Our office has been recovering compensation for our clients with pre-existing injuries for over thirty years. If you or your loved one were injured in an accident, call the Law Offices of Charles J. Gale.