preexisting injuries

Client With Preexisting Back Injury Recovers Auto Accident Settlement

Our client in this matter was a passenger in a car being driven by her husband. Their car was stopped at a traffic signal, five cars back from the light. When the light turned green, our client’s husband began to move forward with traffic. As he looked in his rear-view mirror, however, he saw another motorist approaching at a very high rate of speed. That motorist rear-ended our client’s vehicle.

Oregon Back Pain Injury AttorneysPrior to this accident, our client suffered from age-related degeneration in her spine. She was receiving treatment for this degeneration when the accident occurred. We knew that we would need to provide documentation of her back condition because, often and in this case, insurance companies will attempt to blame preexisting conditions for accident victims’ injuries rather than accepting responsibility on behalf of their insureds.

In addition to ordering our client’s accident-related medical records, we ordered prior records in order to determine exactly what condition her spine was in leading up to this traumatic collision. It was very clear based on those records that the accident exacerbated our client’s preexisting back condition.

We provided the at-fault driver’s insurance company with our client’s complete medical records and, after several rounds of negotiation, the case settled for the amount we had previously determined to be the top value for our client’s case. Our client and her husband were happy with the results.

Large Settlement Reached for Eugene Client Injured in Auto Accident

Our client was driving his pick-up truck through a Eugene intersection in the middle of the night when another driver barreled through a stop sign and collided with him.  Our client sustained injuries to his back and neck and contacted us before receiving medical treatment for those injuries.

Oregon Automobile Accident Attorneys | Oregon Personal Injury Law Firm

Unfortunately, our client had been in another automobile accident approximately one year before the one for which he retained Dwyer Williams Dretke PC as counsel, and several more in the years before that accident.  As a result of all these accidents, our client’s lower back was badly injured.  Further complicating things, our client has a 20-year long history of upper back and neck trouble.  Given this information and the nature of the insurance business, our client’s provider refused to pay his medical bills and the adverse insurance company didn’t want to offer him a settlement either.  Both companies dismissed the injuries that he displayed after the Eugene accident, claiming that they were simply preexisting conditions and thus beyond the scope of their coverage.

Our client was familiar with Dwyer Williams Dretke reputation as a compassionate and professional automobile accident law firm and we proved our reputation soon after being hired. We began by convincing our client’s personal injury protection (PIP) insurance carrier to cover all of his medical bills based on the language of the PIP statute combined with statement from our client’s physician.  The physician’s statement detailed how our client’s need for treatment was related to this accident rather than to prior accidents or preexisting conditions.

Once our client completed treatment, we collected his medical records and presented them to the adverse insurer.  We were able to prove that our client’s need for treatment was indeed related to the negligence of their insured rather than to any prior accidents.  The adverse insurance provider offered our client a fair settlement which reimbursed his own insurance company for the medical bills that it had paid and which also generously compensated him for his pain and suffering.  Another satisfied customer for our experienced auto accident injury law firm!