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Holland & Usry, P.A.

Can I get a settlement if an accident re-injured a prior injury or just made it worse?

Yes, but you’ll likely need expert medical testimony to prove how it made your prior injury worse, and verify how much worse it got as a result.

Insurance Companies Try to Deny Pre-Existing Injury Claims

Insurance company claims representatives will shake their heads and tell you that you can’t recover when a motor vehicle crash or slip and fall accident makes an old injury worse. Their word for it is pre-existing condition, and they will try to tell you that your injuries were already there. They may even say it was only a matter of time before your medical problems started to happen. You may get the same type of response after being involved in a workplace accident that affects a previous injury. That's because insurance companies make money by charging premiums and paying out as little in claims as possible.

 

For example, say you’d had chronic neck pain for years. Then you get rear-ended and need a serious spinal operation to fix blown spinal discs. Your pre-existing neck condition makes this case much more complicated and harder to prove. In order to get compensated for the worsening of your medical condition, you need a skilled personal injury attorney who understands how to obtain proper medical evidence that’ll be admissible in court and can make it clear that the accident made you worse. Otherwise, the insurance company will just deny your claim—or force you to settle way cheap.

We Show How the Accident Affected Your Life

At Holland & Usry, we’re comfortable sifting through mounds of complex medical records to learn the clinical side of your injuries. We often meet with your doctor to personally understand the exact harm the accident caused you. Then, we develop simple, but powerful medical questionnaires that empower your doctor to establish the accident’s impact on your life.

It’s just another way we work to increase your chances when insurance companies tell you it’s a lost cause. If you’re worried about losing your settlement due to a prior injury getting worsened or re-injured, feel free to start a live chat or email us to get your questions answered by an injury attorney unafraid of the challenges presented by a case like yours. 

 

Rob Usry
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Rob is a South Carolina personal injury and criminal defense lawyer.

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