Preexisting medical conditions that intensify following an auto accident will not necessarily discredit your personal injury case. The injuries sustained during the auto accident may have aggravated your condition or, in some cases, even caused further damage. The dedicated team of personal injury lawyers at Lipkin & Apter work hard to get their clients the settlements they rightfully deserve.
Our client, a 70 year old grandmother, was driving on a tollway in the Chicago area when a catering van apparently missed its turn and tried to cut across three lanes of traffic, directly in front of our client, who broad sided the van. Upon impact, our client’s knees struck the dashboard of her vehicle. After many months of medical treatment, she eventually required arthroscopic surgery on one of her knees, and later had a total knee replacement surgery on the same knee.
After a lawsuit was filed by Lipkin & Apter on our client’s behalf, the defendant’s attorneys obtained medical records from doctors our client had seen prior to the car accident. Her medical records showed that she had serious knee problems before the auto accident. Therefore, the insurance company for the defendant driver refused to make a reasonable settlement demand, claiming that the two knee surgeries that our client had after the car accident were not related to the accident, but instead, were for a condition that “pre-existed” the accident.
We ended up taking the depositions of the orthopedic surgeons that performed surgery on our client and they concluded that there was no way to know whether our client would have eventually needed both surgeries based upon her condition prior to the auto accident. Instead, it was their opinion that the auto accident probably aggravated her preexisting medical condition to the point where she needed the surgeries.
Successful Resolution: $100,000
This personal injury case ended with fair and justified compensation for our client. After hearing the deposition testimony of our client’s surgeons, the insurance company finally agreed to settle for close to its coverage limits of $100,000.
If you have been involved in an auto accident that aggravates or worsens your preexisting medical condition, don’t hesitate to contact the team of Chicago lawyers at Lipkin & Apter to schedule a free consultation. We work with clients throughout the state of Illinois and look forward to hearing from you.