Tag Archives: pre-existing conditions

Insurer Covers Treatment Costs After “Preexisting Condition” Disproved

Our client was sitting at a stop sign in downtown Portland in his pickup truck waiting for traffic to pass when another driver traveling on the intersecting road drifted into our client’s lane and collided with the driver’s side of his car.  The at-fault driver had been traveling at approximately 60 miles per hour when the collision occurred and our client was seriously injured.  He was seen at the emergency room directly following the accident and was diagnosed with a cervical strain.  In addition to months of pain and discomfort, our client has substantial medical expenses as a result of this accident.

Portland Oregon Auto Accident Injury AttorneysAt the time of the accident, the other driver received a citation for failing to drive in his lane. There was no question of fault in this accident.  Our client called us seven months after the accident because he had not been able to get the at fault driver’s insurance company to communicate with him. He knew that he needed an experienced Portland auto accident injury attorney to negotiate with the insurer on his behalf.

Our client had fully completed treatment for his accident-related injuries before contacting us.  That treatment consisted of chiropractic work that occurred in two phases separated by three months.  He also had medical bills that needed resolving.

Once we had been retained as counsel, we obtained all of our client’s medical records and bills.  We were soon able to get all of his medical bills paid by PIP.  The defendant’s insurance company immediately took the position that all treatment after the three month gap was not related to the automobile accident and, thus, that it should not be considered for coverage or reimbursement.

After reviewing all of our client’s medical records, we were able to point out to the insurance adjuster that our client had not had any preexisting conditions and that our client’s need for treatment was all attributable to the other driver’s negligence.  The negotiation process in this case was challenging but ultimately successful and our client was thrilled with his decision to retain Dwyer Williams Potter in this Portland auto accident case.

Auto Accident Attorney Resolves Case Involving Pre-Existing Conditions

Pre-existing injuries and health issues can complicate a liability claim, but these obstacles can be overcome with the help of a medical expert, as they were in a recent case of ours. Our client, a nineteen-year-old young woman, was on the way to visit family in Portland, Oregon with her mother. In a frightening chain of events, another driver ran a red light and hit the passenger side of the car, where she was sitting. Auto Accident Lawyers Portland | Auto Accident Attorney Portland | Portland Injury Lawyers | Oregon In addition to the usual auto accident injuries, the wreck aggravated a pre-existing condition. Since infancy, our client had suffered from seizures. Prior to the accident – and for the first time in her life – her seizures were under relatively good control, due to a new medical treatment and a strict diet. She was even studying to get her own driver’s license. After the accident, unfortunately, her seizures came back and happened more frequently and with more severity than they ever had before.

In the midst of her and her family’s distress at having the seizures return, the at-fault driver’s insurance company fought the claim aggressively, arguing that she had always had the seizure disorder and that the wreck hadn’t contributed to its worsening. To complicate matters even further, our client’s long-time doctor told her that he believed the seizures were exacerbated by the accident, but he didn’t want to put it in her official medical records or support her legal claims. At this point, unsure of where to turn, our client decided to contact a Portland, Oregon auto accident attorney to help her fight the insurance company.

After taking her case, I searched out and reviewed the medical literature at length and contacted several experts regarding epilepsy and whiplash injuries. We eventually located a seizure expert who was willing to review her records and consult on her case. We were able to go into mediation with a medical expert on our side. After mediation, the insurance company offered a sizeable settlement for our client – likely a direct result of our efforts to secure a medical expert. Our client was very happy that she had made the decision to contact a Portland, Oregon Personal Injury Attorney at Dwyer Williams Potter.

Skilled Negotiations Lead to Settlement in Auto Accident Case

It appeared to be a relatively quiet midweek day, and our client and a friend had decided to go into downtown Portland, Oregon for lunch. What had started out as a quiet day quickly got chaotic when a driver ran a red light and t-boned the car our client was the passenger in. Oregon Auto Car Accident Attorneys, Accident Attorney Oregon | Dwyer Williams Potter LLP | Oregon Personal Injury Attorneys He suffered serious injuries and was rushed to the hospital in an ambulance. After examination and x-rays, his doctors diagnosed a protruding disc that required surgery.

When he filed a claim with the at-fault driver’s insurance company, they offered to settle the case for a ridiculously low amount, citing a prior condition the client had suffered from about a year before that involved back pain and numbness in his leg. The cited this in spite of the treating physician’s specifically prescribing the surgery for accident-related injuries, not the pre-existing condition. Knowing that he deserved more, he contacted an experienced Portland, Oregon auto accident attorney for help in getting a better settlement.

In order to get the insurance company to talk about its position on our client’s claim was to file a lawsuit. I did this, confident that we could fight it in court successfully if we needed to. However, the lawsuit got the insurance company’s attention, and they had their own attorney review the case. He advised them to settle, given the facts. Even then, the insurance company only offered half of policy limits. I negotiated with them aggressively until they offered full policy limits, giving our client the resources he needed to get the proper medical care.

If you’ve been injured in a car accident and can’t get the insurance company to cooperate because of unrelated pre-existing conditions, we can help. One of our expert One of our expert Portland, Oregon Personal Injury Attorneys will be happy to discuss your Portland, Oregon Personal Injury case with you. Call us now: 888-700-4337

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