Injured in a car accident with a pre-existing condition? You may still get compensation. Learn how to protect your rights. Call now for a free consultation!
If you have a pre-existing condition and are injured in a St. Louis car accident, you may be wondering whether insurance will cover your injuries. Insurance companies often try to minimize payouts, and having a pre-existing condition can sometimes complicate the claims process. However, having a prior injury or medical condition does not disqualify you from receiving compensation if the accident worsened your condition. Understanding how insurance companies handle these situations can help you navigate the claims process effectively.
How Insurance Companies View Pre-Existing Conditions
Insurance companies assess claims based on medical evidence and liability. When a person with a pre-existing condition is injured in an accident, insurers will investigate whether the accident aggravated or worsened the condition. This is known as the “eggshell skull rule,” which states that a defendant is liable for the victim’s injuries even if the victim was more susceptible to harm due to a pre-existing condition.
However, insurers may attempt to deny or reduce your claim by arguing that your injuries were not caused by the accident but rather stem from your prior condition. To counter this, you will need medical documentation demonstrating how the accident exacerbated your injury.
Proving That the Accident Worsened Your Condition
To receive compensation, you must provide evidence that the accident directly impacted your health. Steps to strengthen your claim include:
Medical Records Before and After the Accident – Providing documentation of your condition before the accident can help prove that your injuries worsened as a direct result of the crash.
Doctor’s Statement – A medical professional can provide an expert opinion on how the accident affected your health and whether it aggravated your pre-existing condition.
Accident Reports – Police and accident reports serve as evidence to show that another party was at fault, which strengthens your case.
Witness Testimony – Statements from people who saw the accident or knew of your condition before and after the crash can support your claim.
Common Pre-Existing Conditions Affected by Car Accidents
Certain pre-existing conditions are more susceptible to being aggravated in a car accident, including:
Back and Neck Injuries – A previous herniated disc or chronic back pain may worsen after a collision.
Arthritis – Joint pain and stiffness can become significantly worse due to trauma from the accident.
Head Injuries – If you previously suffered a concussion or brain injury, another impact can increase symptoms.
Soft Tissue Injuries – Conditions like tendonitis or prior muscle injuries can be exacerbated by whiplash.
Degenerative Disc Disease – This condition, which causes spinal disc deterioration, can be aggravated by the force of an accident.
Challenges in Receiving Compensation
Even when you provide medical evidence, insurance companies may still challenge your claim by:
Arguing That Your Injuries Were Pre-Existing – Insurers may try to claim that your injuries were unrelated to the accident.
Denying That the Accident Worsened Your Condition – They might suggest that your symptoms are a natural progression of your prior condition rather than the result of the crash.
Offering a Low Settlement – Insurers often offer a minimal payout, hoping you will accept it without further negotiation.
How to Protect Your Rights
To ensure you receive fair compensation, consider the following steps:
Seek Immediate Medical Attention – A doctor’s assessment right after the accident can link your injuries to the crash.
Be Honest About Your Pre-Existing Condition – Concealing prior injuries can harm your credibility and weaken your claim.
Consult an Experienced Personal Injury Attorney – A lawyer can advocate for you and negotiate with the insurance company to maximize your compensation.
Do Not Accept the First Settlement Offer – Initial offers are often lower than what you may be entitled to; an attorney can help you evaluate a fair settlement.
Frequently Asked Questions
Will insurance cover my injury if I have a pre-existing condition?
Yes, insurance may still cover your injury if the accident aggravated or worsened your pre-existing condition. However, insurance companies often try to minimize payouts by arguing that your injuries were pre-existing. Providing strong medical documentation can help prove that the accident caused further harm.
How do insurance companies handle pre-existing conditions in car accident claims?
Insurance companies assess whether the accident aggravated your condition. Under the “eggshell skull rule,” an at-fault party is liable for the full extent of a victim’s injuries, even if they had a pre-existing condition. However, insurers may attempt to deny or reduce your claim by arguing that your symptoms stem from your prior condition rather than the accident.
What evidence can prove my accident worsened my pre-existing condition?
You can strengthen your claim by providing:
Witness Testimony – Statements supporting your claim.
Medical Records Before and After the Accident – Showing how the accident worsened your condition.
Doctor’s Statement – An expert opinion linking the accident to your injury.
Accident Reports – Evidence of fault and accident details.
What are common pre-existing conditions aggravated by car accidents?
Certain conditions are more likely to worsen after an accident, including:
Degenerative Disc Disease – Spinal disc deterioration may worsen due to the force of the crash.
Back and Neck Injuries – Herniated discs or chronic pain may become more severe.
Arthritis – Joint pain and stiffness can worsen.
Head Injuries – Previous concussions or brain injuries can be exacerbated.
Soft Tissue Injuries – Conditions like tendonitis or muscle injuries may be aggravated.
How can I protect my rights after a car accident with a pre-existing condition?
To ensure you receive fair compensation:
Do Not Accept the First Settlement Offer – Insurance companies often start with a low offer.
Seek Immediate Medical Attention – A doctor can document the impact of the accident on your condition.
Be Honest About Your Pre-Existing Condition – Concealing prior injuries can weaken your case.
Consult an Experienced Personal Injury Attorney – A lawyer can negotiate on your behalf.
Should I accept the first settlement offer from the insurance company?
No, initial settlement offers are typically lower than what you may be entitled to. Insurance companies may try to minimize payouts, so consulting a personal injury attorney can help you evaluate the offer and negotiate for a fair settlement.
Can a St. Louis car accident lawyer help me if I have a pre-existing condition?
Yes, a St. Louis car accident lawyer can help you gather medical evidence, negotiate with the insurance company, and fight to maximize your compensation. Contact The Hoffmann Law Firm for a free consultation at (314) 361-4242.
Speak to a St. Louis Car Accident Attorney
Having a pre-existing condition does not mean you cannot recover compensation after a car accident. If the crash aggravated your condition, you are entitled to seek damages. Insurance companies may attempt to minimize payouts, but with the right medical documentation and legal support, you can build a strong case for compensation.
If you or a loved one have been injured in a car accident and are dealing with a pre-existing condition, don’t let insurance companies deny you the compensation you deserve. Call The Hoffmann Law Firm today for a free consultation! Our experienced St. Louis car accident attorneys will fight to protect your rights and ensure you receive the maximum compensation possible. Contact us now at (314) 361-4242 or fill out our online form to get started!
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.
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.
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.
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!
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.
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.
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.
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.
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!
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!
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.
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