Why And When You Should Disclose Your Pre
It is best to be up-front and disclose pre-existing injuries at the start of a claim, but we strongly recommend that you do not do it on your own. Hiring an attorney to fully manage communications with the insurance company, including disclosure of pre-existing injuries, may help ensure you do not accidentally include unnecessary information that may be damaging to your claim.
Additional steps to avoid:
- Do not provide a recorded statement to the insurance company Anything you say during this conversation can and will be used against you to devalue your claim. If your insurance company requires a statement, your attorney can advise you about what needs to be included and what you may leave out.
- Do not sign any authorization to release your medical records The adjuster will only search to try and find something that can be used to discredit you or damage the value of your claim.
Insurance Companies Do Not Want To Pay
One thing to remember as you work on dealing with your injuries is that no matter the pain you feel you are in, or the amount you feel you may be entitled to, insurance companies to not want to pay out on these injuries.
Because of this, you must be crafty in your positioning. Most people not represented by a lawyer end up giving too much information, and the wrong information, and it compromises the value of their back injury settlement amount. The key is to give the adjuster only those things that will help your claim, then working past their objections with substantive evidence.
Successfully Settling A Pre
Minnesota Lawyer April 1999
It can be difficult for a plaintiff to settle a personal-injury action if the plaintiff had pre-existing injuries. The defense will undoubtedly maintain the injuries that the plaintiff is seeking were not caused by the defendant.
However, despite the difficulties in proving causation, a significant recovery is possible as evidenced by a recent $85,000 settlement of just such a case.
Minneapolis attorney Peter W. Riley, who procured the $85,000 settlement for the plaintiff, said the key factor in prevailing in a case involving a pre-existing injury is the personality and demeanor of the client. The defense must think that a jury will believe a plaintiff when he or she says that her present state was a direct result of the defendants actions, he observed.
Rileys client had a long history of back injuries and chiropractic care. After the automobile accident at issue in the case, she required surgery.
The critical element in her settlement, which was reached at mediation, was her character, Riley said.
She was just a peach an honest, straightforward mom, he said.
A personal-injury plaintiff with a pre-existing condition may present a dilemma for defense lawyers as well as plaintiffs attorneys.
Factors to look at
In deciding a litigation strategy for a pre-existing injury case, there are several factors that must be considered, according to attorneys.
Broach the subject
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Schedule A Free Phone Consultation Today
If you or a loved one has suffered an injury at work that aggravated a pre-existing condition, contact our office. Call 847-797-8000 for a free phone consultation and case review at any of our five locations today. Our firm serves injured workers in Arlington Heights, Rolling Meadows, Mount Prospect, Schaumburg, Palatine, Long Grove, Buffalo Grove, Des Plaines, Elk Grove Village, Wheeling, DuPage County, Lake County, Cook County, and the surrounding areas.
How These Conditions Are Aggravated
Many of these injuries get worse due to repetitive motions with the hands, back or legs. For example, repetitive motions can negatively affect tendonitis, carpal tunnel syndrome and arthritis.
Using heavy machinery, equipment or tools can put additional strain on muscles in the back and even result in spinal cord damage.
Degenerative disc disease can become worse through manual labor, heavy lifting and various twists and turns. Falls can aggravate back issues and spinal cord damage.
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What If A Car Accident Aggravated My Pre
Lets say that you suffered a back injury nearly a decade ago. The injury doesnt interfere with your life and only causes a bit of pain when it rains. All of a sudden, youre involved in a crash at a Los Angeles intersection. This accident aggravates your pre-existing back condition. Now youre dealing with chronic, crippling pain every day. Can you recover compensation for your back injury?
Yes. You should be able to recover some compensation for your injury. Why? The accident has aggravated the condition and inflicted physical pain and suffering that you didnt experience before the crash. Even though you had a minor back injury before the accident, it didnt really interfere with your day-to-day activities.
Now you find that its difficult to work and do the things you enjoyed. These are harms that youve suffered because of the car accident. If it hadnt been for the accident, your life wouldnt have changed.
Exacerbation Or Aggravation Of A Pre
When an accident causes a previously diagnosed medical condition, ailment or minor injury to worsen, medical professionals refer to this as exacerbation of a pre-existing condition.
A pre-existing condition is amedical illness or injury that was diagnosed or treated before an accident occurred.
Most often, a pre-existing condition refers to chronic or long-term conditions such as arthritis or chronic back pain. However, even minor injuries, such as a sprain or broken bone, are considered a pre-existing condition if the injury becomes worse after an accident. Mental health conditions such as anxiety and depression can also be included.
You may have heard the terms exacerbation and aggravation used in relation to cases involving a pre-existing condition. Both terms refer to the injurys level of severity.
- Exacerbation refers to a minor flaring up of a condition.
- Aggravation refers to a severe injury which requires further medical treatment.
No matter how severe or minor your injuries are, you may be able to receive compensation for an injury requiring additional medical treatment.
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Never Try To Hide Your Pre
Neglecting to disclose a pre-existing condition can be grounds for denial of your claim.
On the other hand, dont make excuses for your symptoms. If you immediately felt a sharp pain in your back after lifting a case of copier paper, dont remark to the doctor, I guess back troubles are to be expected at my age.
Did A Car Accident Aggravate A Pre
Kemmy Law Firm
Car accidents come out of nowhere. And you should not be blamed if a negligent driver caused you harm, especially if their actions worsened a medical issue or injury you were already dealing with before the collision.
Fortunately, the law allows you to recover compensation for the aggravation of a previous injury or condition. But insurance companies dont make it easy. Insurance companies are looking to limit their liability, so they are diligent about discovering pre-existing conditions and disallowing compensation.
So if youre in an accident and aggravated a pre-existing injury, contact Kemmy Law Firm for help. Whether you need a car accident lawyer in Hobbs, NM or an auto accident attorney in Odessa, TX, we understand personal injury law and know how to fight the insurance companies, so you are fairly treated.
Contact us 24/7 for a free consultation by calling or use our online form.
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If The Insurance Company Offers A Small Sum Of Money For My Injuries Can I Sue
Insurance companies try to take advantage of injured accident victims who are not familiar with their legal rights or the value of their claim. They use tactics to avoid paying the full amount a person deserves. As a result, many people with serious injuries believe they are stuck with what the insurance company offers and they think they must pay the rest out of pocket.
However, its untrue that an insurers offer is set in stone as the amount an injured victim will receive. Once he or she hires an experienced car accident attorney, there is a far better opportunity to obtain maximum compensation. Statistically, insurance companies pay almost triple in cases in which a lawyer represents the victim.
It can be staggering to compare the difference in what an insurer initially offers versus the final verdict or settlement in some car accident lawsuits. For example, Ostroff Injury Law Partner Richard Godshall obtained a $400,000 verdict on behalf of a woman offered a mere $1,000 from the defendants insurer, State Farm Insurance Company.
The attorneys at Ostroff Injury Law created a 30 Days to Settle program because they feel so strongly about the way insurance companies undercut many injured victims. For clients hurt in a car crash, Ostroff Injury Law gives the insurance company 30 days to pay what they deserve, or they sue them.
How Car Accidents Can Impact A Pre
For example, suppose you were involved in an automobile accident and had muscular injuries to your lower back . X-rays and MRIs may reveal that you had a hidden degenerative condition that existed before the accident.
You may have been completely unaware of this condition because it did not cause you any pain or other symptoms. In fact, it may never cause you any symptoms or problems.
Such degenerative changes can, however, make your spine less resilient and less able to withstand traumatic injury, such as in a collision therefore, these degenerative changes may cause you to suffer more injury, for your injury to last longer, or for your injury to be less likely to heal.
The aggravation may be as minor as occasional neck or back soreness that flares up only when you are very active . This may be a nuisance or simply something that makes you careful in your activities.
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Workplace Injury Aggravated Pre
Worker had degenerative condition and previous back injuries, but was able to perform regular duties before workplace accident
A worker with pre-existing degenerative changes in his back may still be entitled to a permanent impairment award if a workplace injury is likely to have worsened the condition and the worker had been able to perform regular duties before the injury. This was the reasoning of the Ontario Workplace Safety and Appeals Tribunal when it overturned a denial of such an award by the provinces workers compensation board.
The 59-year-old worker worked as a flooring installer with more than 20 years of experience. In 2005, he received workers compensation benefits for a back injury and the following year he was off work, receiving additional benefits for a similar injury. He underwent chiropractic treatment on his back and eventually began wearing a back brace. Though he continued to wear the back brace, he was able to return to regular work as a flooring installer.
The worker saw a physiatrist in October 2010, who reported that worker was experiencing some discomfort in his lower back same old, same old, according to the worker but it wasnt debilitating.
The worker was hired by the accident employer in 2011, where he continued doing floor installation work including heavy lifting without any ongoing issues or medical treatment.
MRI reveals extent of injury
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Contact Our Huntsville Alabama Accident And Personal Injury Lawyers
If, you or someone you love injured or killed in an auto wreck in Huntsville, in Madison County or anywhere else in Alabama, contact an experienced Huntsville and Madison County personal injury and accident attorney like the ones at Hornsby, Watson, Hornsby & Heyward. You can email us or call 414-9803, toll free 986-1371.
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What To Do If A Car Crash Aggravated A Preexisting Injury
After spending so much time and energy healing from an injury, the last thing youre expecting is a car accident that aggravates your injury all over again. Suddenly, the injury is back at the forefront of your life, along with more hospital visits, therapy, and possibly additional surgery. You may be wondering if its possible to sue the person at fault. After all, the injuries that resulted from the crash arent new, but they are certainly exacerbated. The attorneys at Ostroff Law have advocated for many people in this position. Heres what you need to know if a car crash aggravated a preexisting injury.
What Happens When You Make A Claim After An Auto Accident
If you are injured in a car accident and make a claim, insurance companies always make a big deal out of your prior medical history and any pre-existing medical conditions. If they can get you to give a recorded statement, the insurance companies always, always ask about your prior medical history and any prior injuries or health problems.
Since neck and back injuries are the most common injuries from motor vehicle collisions, they will certainly ask you about any neck or back pain you ever had before the accident, and if you have ever been told that you have any arthritis, degenerative changes, or diseases.
If your attorney cannot get the insurance company to make a reasonable offer, and a lawsuit has to be filed, the insurance defense attorney is allowed to discover your prior medical providers and any prior medical history or treatment.
The questions the adjuster or attorney ask are designed to intimidate you and to lay the groundwork for making a low offer to settle your case. They want you to think this way: You cant recover for a condition you had before the accident, right, so be happy to take what we are offering.
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Tip #: Avoid Signing Anything Without A Lawyers Guidance
Insurance company adjusters use a variety of tactics to get victims to commit to a low payment for their injuries. They have been known to visit injured people in their home or hospital and ask them to sign a release for a low settlement, during a time when the patients focus is clouded with pain, treatment, therapy, and medication. Once those papers are signed, there is often no turning back no matter how low a settlement is. If this victim was properly represented, an experienced attorney will direct these meetings and conversations away from the victim and handle negotiations, or file a lawsuit, to make sure the result is fair.
Seek Prompt Medical Care
Repeat those same details at every medical exam, and to every new medical provider, you may see. You must consistently make it clear that you would not be having your current pain and limitations but for the injury you suffered at work.
During the investigation of your claim, you may be diagnosed by two or even three doctors, and you may have to undergo an independent medical examination .
Always give them the same detailed information about your symptoms, level of pain, and disability. Consistently reporting your condition greatly improves the chances of reaching a consensus among all the doctors.
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Different Vehicle Impacts & Related Back Injuries
The type of accident you were involved in can cause different types of injuries.
For example, a neck disc injury is more likely with a side-swipe or lane change, whereas certain lower back disc injuries are more common with a head-on or side-swipe accident. This is powerful evidence that can be used to establish causation in your case.
For example, if you are over the age of 30, you have some amount of degeneration that is taking place in the discs in spine in your lower back. The insurance company will argue that degeneration is to blame for your post-accident lower back pain. But pain from degeneration does not occur spontaneously.
With the right attorney and literature supporting your case, you can make sure that your settlement is not lessened because of any bogus insurance company arguments like this.
Moreover, with supporting medical literature, your lawyer has evidence which helps bolster the strength of the relationship between your accident type and injury type. That specific causation can sometimes get the insurance company to make a more serious settlement offer.
What Happens If You Aggravate An Old Injury At Work
If an existing medical condition is aggravated or accelerated because of work activities, you are eligible for workers compensation benefits. For example, if you hurt your lower back in a car accident a decade ago and that injury has recently been aggravated because of lifting done as part of your current work duties, benefits are available. At Midwest Disability, our Minnesota lawyers will help you get all of the benefits you are entitled to.
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Building Your Case In Buffalo Grove And Long Grove
When a pre-existing injury is made worse by an incident at work, it can be challenging to prove your case for workers’ compensation benefits. At Newland & Newland, LLP, we know that doing so requires linking the aggravation or worsening of your condition to the performance of your job. We work closely with a large network of experts, including doctors and other medical professionals, who can help us show that the aggravation of your injury was work-related. Our attorneys also collaborate with financial analysts and vocational specialists to determine the impact that your aggravated injury has had and will continue to have on your life.
At our firm, we are not afraid of difficult employers or stubborn insurance companies. We will not back down, and we will not be forced into accepting a settlement that fails to meet your needs. Our lawyers will continue to protect your rights, both in negotiations and in court, until you get the full benefits you deserve.
Continuing Entitlement Where There Is A Pre
The presence of a pre-existing condition does not necessarily mean it is a cause of the workers impairment or that the impairment is no longer work-related. When a pre-existing condition is evident, or becomes evident, the work-relatedness of the ongoing impairment must be monitored.
If the pre-existing condition is not impacting the workers impairment, there is no effect on the workers benefits.
If the pre-existing condition is impacting the workers impairment, benefits will generally continue as long as the work-related injury/disease continues to significantly contribute to the workers impairment.
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