After spending so much time and energy healing from an injury, the last thing you’re 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 it’s possible to sue the person at fault. After all, the injuries that resulted from the crash aren’t new, but they are certainly exacerbated. The attorneys at Ostroff Law have advocated for many people in this position. Here’s what you need to know if a car crash aggravated a preexisting injury.
Can I Sue for Negligence Following a Car Accident that Aggravated My Injury?
Simply put, if you suffered injuries in a car crash that someone else caused, you most likely have grounds to file a personal injury lawsuit. Filing suit is how you can seek justice and compensation for your medical bills, lost wages, pain and suffering and more. It’s the same reality if your car accident aggravated a pre-existing condition.
For many, it’s a neck or back injury that the car crash has exacerbated. What was once healed might be re-broken, strained or otherwise damaged again. The victim might need surgery or therapy to attempt to recover. A pre-existing back injury aggravated by a car accident can mean mounting medical bills, time away from work, and other unexpected bills and expenses.
If you’re in this situation, getting legal representation is important. Someone else’s careless or negligent act caused you to suffer pain and monetary damages. You deserve to hold them accountable.
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, it’s untrue that an insurer’s 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 defendant’s insurer, State Farm Insurance Company.
A 2015 car crash aggravated a preexisting injury to the client’s neck and back and required surgery. However, State Farm argued that because there was virtually no damage to her car, she must have suffered very little or no injury in this second crash. When the insurer offered her $1,000, Attorney Godshall took the case to court. In a two-day trial, he proved that the crash did in fact severely aggravate his client’s preexisting condition. Although the defendant carried only $100,000 of insurance coverage, State Farm paid four times that amount.
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.
Will My Preexisting Conditions Affect My Car Accident Settlement or Verdict?
Every crash, injury, and situation are different. The compensation you might be able to recover in a jury verdict or settlement depends on facts such as:
- The details of the car crash that led to the aggravated injuries,
- The severity of your injuries before and after the crash that aggravated them,
- The strength of the evidence that proves the negligent person’s fault, and
- Your attorney’s experience with car accident law and cases involving a preexisting injury.
If you were involved in a car accident with a pre-existing condition that is now more painful and costly, it’s important to contact an experienced attorney who won’t take no for an answer from the defendant and/or the insurance company.
If a crash aggravated your injuries, contact Ostroff Injury Law to schedule a free consultation. We’ll discuss the crash, your rights, and how to seek maximum compensation.