If you’ve ever thought that a prior injury might preclude you from a settlement after a car accident, this case result is for you. Even if you had an injury before a Massachusetts car accident, your injuries - even if aggravation of a previous injury - are compensable.
Our client Mary* was a passenger in a vehicle that was rear-ended in May 2020. She was not at fault as she was a passenger. Due to the mild-impact accident, Mary suffered a mild concussion and aggravated an existing lower back problem. Mary, 24 at the time of the accident, was already receiving medical treatment for lower back pain before the car accident.
After the car accident, her back pain got much worse. Proving how much her pain increased was the challenging part.
Mary, a lab technician, was receiving conservative treatment for lower back pain just before the accident. She was taking medication, going to physical therapy, and doing home exercises. All of this treatment was documented in her Primary Care Physician’s records, and the insurance company of the at-fault driver was able to review them.
Even though Mary was receiving treatment for her back injuries before the accident, she wasn’t seeing much improvement. Then, the pain intensified after the car accident. She continued with the conservative care she’d been doing before, but Mary ended up needing back surgery.
As expected, the insurance company argued that Mary’s need for surgery had nothing to do with the car accident since she already had a well-documented back problem before the car accident. The insurance company asserted the need for back surgery was just the natural progression of Mary’s injury, not a result of the car accident.
Spada Law Group was able to argue that the car accident is what took Mary’s back problem from one which was treatable without surgery to one which needed surgery to get better. It was a tough fight, but one worth having.
Fortunately, with the assistance of Mary’s surgeon, we were able to persuade the insurance company that we had a stronger argument. As a result, we settled Mary’s car injury case for the maximum insurance benefit available, which was $100,000.
If you were injured in a car accident anywhere in Massachusetts, Spada Law Group’s injury attorneys can work to protect your legal rights. Even if you have a pre-existing injury or condition, you may still have a strong case for injuries caused by an accident.
We have offices in Chelsea, Salem, and Worcester but we proudly serve the entire state and can meet with you remotely from the comfort of your own home. Contact us for a free consultation so we can learn more about your case and see how we can help you get the recovery you deserve after your accident.
Call or text Spada Law Group to Schedule a Free Consultation Today: (617) 889-5000
*Client’s name was changed for privacy.