Legal Question in Personal Injury in Rhode Island

Re: Pre existing condition that got worse after accident

Sir:

It has been our experience in such cases that we will fight long and hard with the insurance company, which frequently will argue that you would be disabled even if there had been no accident. The insurance company may argue that the disability results from the natural progression of the underlying, pre-existing condition, rather than from the accident.

Naturally, your lawyers will garner as much evidence as possible to convince the insurance company (and failing that, the jury) that, in fact, your disability results from the accident, not the underlying, pre-existing condition.

One could write a book about the many aspects of the "traumatic vs degenerative" issue.

Instead, let me try to answer your specific questions:

How do I proceed with this?

You get a lawyer. If you like, feel free to call me at 401-941-7771, ext. 13, and we will meet with you immediately.

Also, do I have any chance of getting compensated in any way? How do they determine how much a person gets compensated?

Absolutely. The fact that you were hit from behind means that the other driver is presumed to be at fault, at least unless and until the other driver offers evidence that you were at fault. We would expect to seek compensation for your inability to do today what you could do prior to and but for the accident, pain and suffering, lost wages/lost earning capacity, medical expense reimbursement, property damage, etc. There is no magic formula for determining compensation; the insurance company will argue for low figures, and your lawyer will argue for high figures! The actual methodology used can differ amongst each lawyer and insurance company, and are often based on that firm's experience.

How long does it usually take?

Personal injury cases can be resolved in as short as a few months, or could take as long as several years; in our experience, there is no "usual" case. Our firm recently helped a client obtain a settlement of more than $1,000,000, but it took over 5 years. It also depends on your medical condition. A responsible lawyer will not want a client to settle a case unless and until the treating doctor is reasonably confident that the condition will not get worse.

Does it matter that this was a pre-existing condition?

It matters to the extent that the pre-existing condition makes it more difficult to prove that the disability results from the accident, as discussed above.

Finally, as my insurance will be covering the surgery, does it mean anything?

Your insurance carrier typically will have the right to be repaid for the cost of the surgery and any other expenses it pays for treatment resulting from the accident.

I hope this information helps.

Thanks,

Scott Summer

Email: [email protected]

Web: www.montsum.com