When a Car Accident in Towson, MD Aggravates a Previous Condition

by | Dec 18, 2018 | Lawyers

Sometimes, automotive insurance companies dispute a claim for medical expenses after a car accident in Towson, MD because the person had a pre-existing condition. Perhaps the most common scenario is when the person claims that the accident caused debilitating back pain, but the insurer learns that this individual had previously sought treatment for back pain from an osteopathic doctor or chiropractor.

How a Lawyer Approaches the Issue

An attorney with an organization such as the Law Offices of Markey & Orsi may be necessary in a case like this. A car accident in Towson, MD can worsen a pre-existing condition or cause an old problem to flare up again. If that is what happened in this scenario, verification from a doctor will be required to convince the insurer to pay compensation for related expenses. The lawyer may also need to have an expert witness confirm the relevant research and discuss statistics regarding how commonly this happens.

Statements might be gathered from other witnesses to verify how the person’s activity level has been diminished since the accident. Anyone who lives in the same household with the plaintiff might testify as to the increase in pain medication they take. Medical records may show that this individual had not sought treatment for back pain for several years but now is dealing with serious discomfort again.

Regarding Delay of Treatment

Another complication in these circumstances is when the person delayed seeking treatment. This person may have believed the symptoms weren’t that bad or were simply a minor flare-up of the prior back problem. As the discomfort escalates, the back pain patient realizes that they must visit the doctor again. However, the insurance company may use that delay against the claimant.

Filing a Lawsuit

If the insurer continues to deny the claim, the attorney will file a lawsuit and start preparing for trial. In many instances, this motivates the insurance company to offer a reasonable settlement if the representatives believe there is a good chance the jury will side with the plaintiff. To schedule a free consultation with an accident lawyer, injured people can start by visiting Markeyorsilaw.com.

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