Have a pre-existing condition and involved in a car accident? Wondering how it affects your claim? Contact Hoffmann L.L.C
If you’ve been injured in a car accident and have a pre-existing condition, you might wonder how it could affect your claim. Insurance companies often try to use pre-existing medical issues to reduce or deny compensation, but the law protects your right to recover damages for new injuries or the worsening of existing ones.
At The Hoffmann Law Firm, L.L.C., we understand the challenges of dealing with pre-existing conditions in car accident claims. With decades of experience, we’ll fight to get you the compensation you deserve. Contact us today for a free consultation, and let us help you navigate the complexities of your case.
A pre-existing condition is any injury, illness, or medical issue you had before the car accident. Common examples include:
Chronic back pain
Arthritis
Prior fractures or surgeries
Degenerative disc disease
Pre-diagnosed mental health conditions like anxiety or PTSD
While pre-existing conditions are common, they can complicate the claims process when they overlap with injuries caused by the accident.
How Pre-Existing Conditions Affect Car Accident Claims
Aggravation of Pre-Existing Conditions
If a car accident worsens a pre-existing condition, you are entitled to compensation for the aggravation. For example:
A person with mild arthritis may experience more severe joint pain after an accident.
An old back injury previously stable could become debilitating after a collision.
This is known as the “eggshell plaintiff” rule, which holds that the at-fault party is liable for injuries caused, even if the victim is more vulnerable to injury due to pre-existing conditions.
Challenges in Proving New Injuries
Insurance companies may argue that your injuries are not new but rather symptoms of your existing condition. They might use your medical history to downplay the severity of your injuries or claim that the accident had little to no impact on your health.
Increased Scrutiny by Insurance Companies
Insurance adjusters will closely examine your medical records when you have a pre-existing condition, looking for reasons to reduce or deny your claim. They may:
Question the severity of your injuries.
Argue that treatment is unnecessary because it relates to your pre-existing condition.
Attempt to shift blame to your health history instead of the accident.
How to Strengthen Your Claim
Despite these challenges, there are several steps you can take to protect your right to compensation:
Be Honest About Your Medical History
Full disclosure is crucial when dealing with insurance companies or pursuing a personal injury claim. You must disclose a pre-existing condition to maintain your credibility and your case.
Document the Aggravation of Your Condition
Work with your doctor to clearly document how the accident has worsened your pre-existing condition. Medical records, diagnostic tests, and treatment notes can establish the difference between your pre-accident and post-accident health.
Seek Immediate Medical Attention
Prompt medical care ensures that your injuries and the impact on your pre-existing conditions are properly documented. Delays in treatment can give insurers a reason to question the validity of your claim.
Obtain a Doctor’s Opinion
Ask your healthcare provider to provide a written statement or testimony explaining:
Your condition before the accident.
How has the accident aggravated your condition or caused new injuries?
The necessary treatment and expected recovery process.
Avoid Signing Medical Releases Without Legal Advice
Insurance companies may request access to your medical records but aim to find evidence to minimize your claim. Consult with an attorney before signing any release to limit access to only the relevant medical information.
How Insurance Companies Use Pre-Existing Conditions Against You
The “Causation Defense”
Insurance adjusters often argue that your injuries were not caused by the accident but stem from your pre-existing condition. For example, if you’ve had back pain for years, they may claim that the accident didn’t worsen it.
Cherry-Picking Medical Records
Insurers might comb through your records to find unrelated past injuries or treatments they can use to argue that your current condition is not accident-related.
Low Settlement Offers
By downplaying the accident’s impact, insurers may offer you a settlement that doesn’t reflect the full extent of your injuries and their effect on your life.
The Role of the “Eggshell Plaintiff” Rule
The legal principle of the “eggshell plaintiff” rule is essential in cases involving pre-existing conditions. This rule means that the at-fault party is responsible for all injuries caused by their actions, even if the victim was more susceptible to injury due to a pre-existing condition. In other words, the defendant cannot avoid liability simply because the victim was not in perfect health.
Compensation for Pre-Existing Conditions Aggravated by an Accident
If your pre-existing condition was made worse by the accident, you may be eligible for compensation for:
Medical expenses (past and future)
Lost wages
Pain and suffering
Reduced earning capacity
Long-term care or rehabilitation
The key is to differentiate between your pre-accident baseline and your post-accident condition with the help of medical evidence.
When to Consult an Attorney
Navigating a car accident claim involving pre-existing conditions can be complex. An experienced personal injury attorney can:
Counter insurance company tactics that seek to minimize your claim.
Work with medical experts to establish how the accident aggravated your condition.
Negotiate for a fair settlement that reflects the full impact of your injuries.
Contact us Today
A pre-existing condition doesn’t mean you can’t recover compensation after a car accident. In fact, the law protects your right to seek damages for new injuries or the worsening of existing ones. The key is to be proactive: document everything, seek immediate medical care, and consult a qualified attorney to protect your rights.
At The Hoffmann Law Firm, L.L.C., we understand the challenges of dealing with pre-existing conditions in car accident claims. With decades of experience, we’ll fight to get you the compensation you deserve. Contact us today for a free consultation, and let us help you navigate the complexities of your case.
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.
