It is no secret that anyone who assumes the position to walk will have some degenerative changes as they age due to wear and tear. This fact does not prevent an auto accident claim from being successful. At the Joseph Dedvukaj Firm our Michigan auto accident attorneys pursue lawsuits on behalf of clients seriously injured in a motor vehicle crash. Sometimes these car crashes cause our client to suffer new injuries. Other times, our client are victims of an aggravation if a pre-existing condition made worse.
The law accounts for wear and tear and pre-existing medical conditions. When a person’s pre-existing condition is made worse or re-injured in the same body part, we call this an aggravation of pre-existing condition. We have seen common aggravations involving almost every area of the body, including knee injuries, back injuries, shoulder injuries, neck injuries, head injuries, and hip injuries.
In fact, insurance companies routinely deny claims with pre-existing medical conditions, even though there is evidence of aggravation. In response to an auto insurance claim denial, we file a lawsuit on behalf of our clients to prove the aggravation happened. We use circumstantial evidence and comparison analysis for symptoms that developed after a traumatic car crash. Our firm has been able to help our clients receive all the benefits they were entitled to receive from the insurance company.
Unfortunately, insurance company denial of no fault benefits is a common occurrence for car accident victims who have had a past medical history of problems. However, contrary to what the insurance company’s adjuster may tell you, if you or a family member was involved in a Michigan car accident and as a result, you suffered an aggravation of prior injuries or the pre-existing medical condition got worse due to the accident, you are actually entitled to compensation.
Michigan law sets forth the entitlement to compensation for aggravation of a pre-existing condition in the standard Michigan jury instructions, M Civ JI 50.04 Element of Damage – Aggravation of Preexisting Ailment or Condition. In regard to aggravation of preexisting injury or medical condition, Michigan law states “Reasonable compensation may be awarded for the increase of pain and suffering, increased disability, and related expenses arising from aggravation of a preexisting ailment or condition.” Schwingschlegl v. City of Monroe, 113 Mich 683 (1897); Mosley v. Dati, 363 Mich 690 (1961); Rypstra v Western Union, 374 Mich 166 (1965).
Our firm will fight for you if you or your loved one suffers aggravation of a pre-existing condition. We have nearly 30 years of experience in helping clients obtain the compensation they deserve and frequently represent clients with aggravated medical condition or aggravated prior injury. These types of cases can be quite complex and difficult to prove because there were past medical condition or injuries. Don’t go it alone because these claims are complex and can be difficult to prove. Don’t talk to the insurance adjuster until you had a chance to consult your personal injury attorney.
Call our experienced car accident lawyers today at 248-352-2110 to discuss your claim and determine how best to pursue your claim. Our lawyers will evaluate your case for you for FREE and at no obligation and answer any questions that you may have. We will also walk you through your legal rights and explain the legal process about the claim you may have. We represent our clients on a no win no fee guarantee basis, meaning you don’t pay unless you win compensation. With this guarantee you can be confident we will fight for your rights every step of the way.
