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Pre-Existing Injury Aggravated in Car Accident

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Missouri law states that an accident only needs to contribute to the cause of pain and the need for medical care. The defense bears the burden of proof.

Thousands of Americans are treated for medical conditions every day. Chronic knee pain from a high school football injury could still plague a 35-year-old mail carrier. The force of a car crash may aggravate an old condition. It is only fair that you be compensated for that, even though the defense may think otherwise. It would be helpful to have a car accident lawyer on your side to prove them wrong.

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This legal professional has shown exceptional competence and dedication in their field. I highly recommend their services to anyone seeking legal representation that is committed to unwavering advocacy and support throughout the entirety of their case.
I would describe this lawyer as highly educated, sharp, and top of his game. Explains the car accident process and treatment options well. The lawyer said if they don’t pay you, we will have the jury take it from the insurance company. Great lawyer. Dynamic person.
Very good car accident lawyer. Gets the job done.
This lawyer is as good as you will find in st. Louis. Call this lawyer if you are in an auto accident. 100% recommended
Interviewed all the TV car accident lawyers and decided to call this law firm that had great reviews. So happy I did. What a difference!
Response from the owner: TV car accident lawyers are just mass production. This is not a good fit for litigated cases. Paralegals instead of lawyers. Monthly quotas for settlements. Car accident victims end up in a cattle call with the lawyers on TV.
Love my car accident lawyer. This law firm is a step above.
Response from the owner: Our lawyers train and track the best approaches on cases. Whether litigation in cases or the practicalities of certain treatment, the growth of our lawyers over time is paramount. Always staying ahead of and setting practice trends. Thank you.
This auto accident law firm is incredible!! Very accomplished lawyers!
Response from the owner: Being labeled “an incredible lawyer” is quite the compliment. We are only incredible if this client is. Thanks.
Serious family member have a car accident injury? Look no further. This litigator is for real. Always two steps ahead of the other lawyer.
Response from the owner: This is a sad reality for car accident lawyers. The #1 passenger in an auto accident is a relative. Helping a family make it through this and putting the family back together is one of the most rewarding things I do as an automobile accident attorney.
This lawyer handles really big accident cases in St Louis. He is a lawyer, accountant and has his masters in tax so he gets the injury cases for individuals that can never go back to work or individuals own a business and cannot run it due to injury. He specializes in valuations of massive loss. Thank goodness a firm like this exists.
Response from the owner: Thank you. When accident are severe and you lose the ability to work or to continue a business, having an accounting and tax background is key. Valuing large losses are second nature for us.
You are a great lawyer! Thank you.
Response from the owner: That is a great compliment. Thanks.
Asked a trauma surgeon who operates on car accident victims who are the best injury lawyers that have taken his deposition. He said “by far” it was Mr Hoffmann. Interviewed several attorneys and this was a correct assessment. In a league of his own!
Response from the owner: Our attorney have deposed nearly all the trauma surgeons at every Level 1 Trauma Center in Saint Louis. These doctors save lives after a car accident. Whether controlling bleeding or reestablishing blood flow or bone structures, they are life savers.
Few lawyers in St. Louis can handle the biggest injury cases! This is one of them!
Response from the owner: Our law firm has made great efforts in terms of training to handle life changing injury cases. Whether in depth knowledge of the medical, loss of income and earning capacity, or lifetime medical care plans, our clients feel confident and know their case is in good hands. Thank you for the compliment.
Cannot say enough about this lawyer. Call if in an accident. This attorney handles the biggest car accidents in St Louis.
Response from the owner: Thanks Ash! Our biggest source of cases is our clients. Our second biggest referral source is defense lawyers telling their relatives to call us. Few lawyers can handle the largest cases. Our law firm welcomes and has trained for this. We don’t do mass production settlement like the lawyers on TV. Our clients can never go back to work. Their cases need massive focus and effort and often long fought litigation.
So glad I called attorney Hoffmann. This time I got it right! So glad I hired the Hoffmann Law Firm - professional, reliable and available.
Response from the owner: Thanks Taylor. Our lawyers answer the phone day, night, weekends and even during lunch. Being professional means training to beat the best defense lawyers. Client rely on us to get results and we do.
Great lawyer. Cares about his clients, knows his stuff and goes the extra mile. I recommend this lawyer for car wreck injury claim. Every other lawyer on TV would not even help with my property claim. This attorney did.
Response from the owner: Thank you for the kind words. Every case starts with a great client. You are correct the car accident lawyers on TV are mass production settlement mills. When injury clients fire them, we get their files and the cases are not worked up at all. Appreciate your confidence in us!
Major car accident injury in St Louis area for a family member. Four different lawyers we know said the same thing - call Chris Hoffmann. On another level.
Response from the owner: This is such a great compliment. Most of our cases come from prior client or lawyers that also do car accidents cases but the particular case is too large or too difficult. Being a lawyer and an accountant, we specialize in cases with total lost of income, earning capacity and/or often the inability to continue a family business. Evaluations such as these are second nature for our lawyers. Thanks.
Best in St Louis for auto accident cases. Nobody else is even close.
Response from the owner: So kind of you to leave this review. Whether our lawyers are going after big insurance or their lawyers, skill and experience are essential and win the day for our auto accident clients. Thanks!
This attorney is very smart, very experienced, returns phone calls and knows the answers when asked. One call and I knew this was a great law firm for auto accidents.
Response from the owner: Our law firm appreciates this. This is a comment we get from so many people who call…”none of the lawyers we called told me all the things that you did.” Whether we take a car accident case or not, helping people is a good thing.
5 Star Lawyer for sure! Best you will find in Saint Louis.
Response from the owner: Thanks for the 5 Star Rating. Reviews like this are great. Injury victims quickly figure out the TV advertisers are not good. We work hard at being the best we can be and it reflects in our representation of car accident victims.
Watch this lawyer in action. Was way better than all the others. Get this lawyer for an automobile accident for sure.
Response from the owner: Thanks for the recommendation. Besides doing cases, our attorneys train for this. Hard work, case knowledge and technique is key to success in car accident litigation.
Very pleased with The Hoffmann Law Firm. Lawyers are attentive, friendly and go the distance to force the settlement you want. The TV lawyers recommend low offers. This law firm gets the maximum.
Response from the owner: We get calls from car accident victims that had to fire the TV lawyers that they hired. They give the same two reasons: 1) they never spoke to a lawyer at the Big TV law firms, only a paralegal, and 2) the paralegal recommended they accept a low offer. At our law firm, you only talk to the lawyer and if an offer is low we tell you to sue. Thanks!
You will love this car accident lawyer.
Response from the owner: You are the best! Thanks for the review. Our attorneys work hard but it all starts with a great client.
Several lawyers said to call this lawyer because he is the best. You will appreciate this law firm. Helped with the injury and property claims. Attentive and knowledgeable. Great reputation in St Louis.
Response from the owner: Thanks Lexi. Our #1 source of cases is other lawyers referring us cases that are too big for them to handle.
Would use this accident law firm. Best in Saint Louis. Highly rated and it shows. After one phone call, you just know this attorney is better. 5 Stars!!
Response from the owner: Thanks for recommending our lawyers in St Louis. There is a major difference in lawyers as you well know.
Great law firm thanks Leah for the referral
Response from the owner: Appreciate you recommending our law firm. Car accident litigation is all we do and specializing allows us to focus.
Car accident lawyers on tv are not good . Get this attorney ! He is a pro !!
Response from the owner: Thanks Nathan. TV lawyers market for car accidents, use paralegals instead of lawyers and give their employees settlement quotas hence forcing cheap settlements. At our law firm, you get a lawyer who keeps pushing forward for more.
A+ attorney. Smart. Helpful. Great for automobile accident cases. Located in saint louis, missouri. Use him!
Response from the owner: Thanks. Car accident cases are difficult without the right attorney and great clients. Much appreciated.
Quality lawyer. Best law firm for a car accident. Advice was way better than other lawyers I called in St. Louis. Helped with property and injury.
Response from the owner: Thanks. The TV lawyer advertisers are just car accident settlement mills. As soon as people call a real attorney, they always tell us how much better and more helpful we were. Appreciate this.
Get this lawyer if you have an automobile accident. Simply the best!
Response from the owner: Thanks Lizzy. Recommendations from other is the best way to find a car accident attorney.
This lawyer is big time. Smooth. The other lawyers on the other side were not nearly as good as this attorney. I recommend friends in St Louis to him for accident injuries and they all say the same thing…”that lawyer is great.”
Response from the owner: Very nice of you to say. Our lawyers work hard on auto accident cases.
Family used this car accident attorney after a crash. Located in St Louis. This lawyer answers the phone and will walk you through the process. Knows his stuff!
Response from the owner: Taking calls, going over the car accident injury and property process is important. Clients that call always say we are the only lawyers that explained everything. Much appreciated.
Tried the lawyers on TV. They were not good. Hired this car accident lawyer instead because he had great reviews. The reviews are correct. This attorney is as good as they get. He does big injury cases that need to be litigated.
Response from the owner: Car accident lawyers on TV do not litigate cases. It is mass production. They have quotas. Local attorneys are best on auto accidents.
Very very good at injury claims for car wrecks. Use this St Louis attorney. Two thumbs up!
Response from the owner: Thanks for the review! All we do is accidents. When you specialize, your knowledge base and practice skills grow. Thanks!
Used this attorney for an auto accident. Highly recommend this lawyer in St. Louis. Communicates well.
Response from the owner: Communicating with clients is essential. Taking the client though the car accident claims process is important otherwise major mistakes can occur. It is an effort that we make. Thanks!
Best for car accidents in St Louis. Use this attorney.
Response from the owner: Thanks. Great clients make for great cases!
This lawyer is great for car accident injury claims. Did an uninsured motorist case. Very good attorney.
Response from the owner: Car accidents can be insured or uninsured. The claims are much different. Thanks for the review.
Great lawyer if you are in an auto accident. I recommend this attorneys office.
Response from the owner: Thanks J. Glad we got your auto accident case completed and that for telling others about our lawyers.
Very good car accident attorney. Did my and my relatives claims and paperwork. Highly recommend.
Response from the owner: Thanks for recommending our law firm on car accident cases.
Fantastic law firm, I would recommend! Received free consultation related to an auto accident when my parked car was damaged by a baseball. Very supportive advice, these guys are good!
Response from the owner: Thank you!
Recommend this attorney for auto accidents.
Response from the owner: Thanks for recommending our attorneys for an automobile accident.
Best St Louis lawyer for car accidents.
Response from the owner: Thanks Tana. Appreciate this!
Great Lawyer!!
Response from the owner: Thank you
I was in a car accident in St.Louis and hired Chris as my lawyer. He was amazing!!! He helped me every step of the way and was able to get me a great settlement!!!Highly, highly, highly recommend him!
Response from the owner: Each step is important in a car accident. Thanks for recommending us for car accidents injury claims.
If you have an auto accident and need an attorney in St Louis, I recommend Mr Hoffmann.
Response from the owner: Appreciate this James and you did great as well. Car accident claims always start with a good client.
Great car accident lawyer. Did a very good job on my injury case. Thanks!
Response from the owner: Thanks. Appreciate the compliment. All we do is car accident litigation.
Very accomplished accident attorney in Saint Louis. 5 stars for sure!
Response from the owner: Thanks
A car accident lawyer I would recommend to anyone.
Response from the owner: Thanks. That is great of you to say about our lawyers.
Great car accident attorney!!
Response from the owner: Thanks
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Missouri law states that an accident only needs to contribute to the cause of pain and the need for medical care. The burden of proof falls on the defense. They would need to show that your pain and suffering are the same as before the accident and that you will only need to undergo the same treatment regimen. Such was the case with a 62-year-old man in Missouri. He had been treated for back pain for over a decade before his car accident. Pain management was intensive and included multiple types of injections and procedures. Responding to the defendant’s claims that the injuries were pre-existing, the plaintiffs’ lawyers focused on how their client was active before the collision. Before going to trial, a settlement of $69,000 was agreed upon.

Some may view a pre-existing condition as a weakness in your claim. However, in some instances, proof of a prior injury may show how it has been made worse due to the accident. If a mail carrier with a football injury has been receiving regular medical care that includes imaging the knee, a scan of the knee taken after the accident will show how the condition has deteriorated.

Since car accidents can cause injury to virtually any part of the human body, it stands to reason that any pre-existing medical condition or injury may be aggravated by it. Before filing your claim, insurance adjusters may attempt to scare you with their knowledge of your condition and offer you a small settlement. Do not be intimidated. Instead, defer them and their questions to your car accident attorney.

The most common pre-existing conditions defense lawyers look for are neck and back injuries, disc disease, and arthritis. Be upfront with your attorney about your past medical history. If your claim goes to trial, the defense will generally be allowed access to your previous medical history. By not divulging that information to your attorney, you would deprive him of the opportunity to review the records and prepare his counter-arguments. Your attorney may even be able to show how your prior injury made you more susceptible to the new one.

St. Louis Car Accident Attorney

Should you disclose your Pre-Existing Condition?

Your pre-existing injuries may contribute to the severity of your injuries in a car accident. In this situation, you may consider whether or not to talk about your pre-existing injuries with someone, thinking that revealing them may harm your car accident claim. However, you should never attempt to hide your pre-existing injuries, as it could do more harm than good.

Pre-Existing Injuries and Car Accident Claims

Trying to hide your pre-existing injuries after a car accident is not a good idea. There are four key principles related to pre-existing injuries and car accident claims. These include:

  1. The insurance company may eventually discover your pre-existing injuries if they decide to investigate your case and conduct research after the accident. If you think this cannot happen to you, think again.
  2. Pre-existing injuries are almost always discovered and discussed during the claim discovery process. Attorneys representing the defendant and the insurance company will likely ask you about prior injuries and accidents. You may even have to share your medical records with them.
  3. Attempting to conceal pre-existing injuries can do more harm than good. If the other party discovers pre-existing injuries, this could jeopardize your claim. The attorney and insurance company may think you deliberately concealed information about the pre-existing injury. They can use this information against you to imply that you are fabricating or exaggerating your symptoms. If there is a judge involved, you may have to face discovery sanctions, or you may be prohibited from presenting certain evidence if it is discovered that you tried to conceal your pre-existing injuries.
  4. Finally, hiding your pre-existing injuries may not help your claim because the at-fault party must take you as you are, which means that even if your injuries are worse than they would have been due to the pre-existing injuries, the at-fault party is still liable. However, there is an exception to the rule. You may not be able to seek compensation if your injuries would have occurred regardless of whether or not the car accident took place. In this case, your injury would be attributable to the pre-existing condition, not the accident. Hence, the other party cannot be held liable.
Car Accident Injury Lawyer

5 Common Pre-Existing Conditions Car Accidents Aggravate

1. Back Problems 

Generally, your spine cannot sustain heavy impacts. What’s more, trauma or impact from a car accident can stress your lower back and aggravate your already painful condition.

Some pre-existing back problems that can worsen after a car accident include spine arthritis and compression fractures. You may also experience extended lower back pain after an accident if the discs in your spine were worn out or broken before the accident. 

2. Neck Problems

During a car crash, sudden neck movement can aggravate pre-existing cervical arthritis or neck sprain. Sudden movements can also cause whiplash, worsening pre-existing or degenerative neck injuries or conditions. 

3. Brain Injuries or Conditions

Previous brain injuries or conditions can also become more severe after an accident. For example, if you get involved in an accident while recuperating from brain trauma, you could suffer a second impact syndrome (SIS). SIS is a brain swelling that occurs when one suffers a second concussion before the first one has completely healed.

A car accident can also cause your body to release a surge of neurochemicals and hormones that cause insomnia and disrupted sleep. Insomnia and disrupted sleep can make brain injuries or conditions worse. 

4. Fractured Bones

If you have fractured bones, an accident is the last thing you want to happen to you. Car accidents greatly impact the body and can leave your healing bones in bad shape. 

5. Arthritis   

Naturally, arthritis is very painful, and the impact of a car accident can make the pain even more severe. It can also cause increased stiffness and swelling in arthritis-affected areas.

Pursuing Damages That Arise From Aggravation of a Pre-Existing Condition 

Under the eggshell skull rule, accident victims can generally recover compensation for the aggravation of a previous injury or condition. However, you should know that the at-fault driver’s insurer typically won’t compensate you without a fight. The insurer will likely develop all sorts of defenses to discredit your claim.

Therefore, it is highly recommended that you speak with an experienced St. Louis car accident attorney before speaking with any insurance companies or adjusters. An injury attorney can help you gather evidence to prove that the crash has aggravated your condition. 

Never allow an insurance adjuster to bully you into a low settlement just because of a pre-existing condition. Consult with an experienced car accident attorney before accepting any deal.

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Don’t talk to an insurance claims adjuster before speaking with The Hoffmann Law Firm, L.L.C. We can help you avoid making statements that may affect the outcome of your case. The consultation is free; you don’t pay unless we get you money!

Updated: August 18, 2024