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August 2013 Archives


When it comes time to settle a personal injury or a workers' compensation claim one of the factors that is very important is the condition of your health before you were hurt.  This has various names in the law, but today we will call it pre-existing condition for the purposes of this blog post. Here's an example to think about... How can you resolve a situation where a person is in the car accident while on their way to physical therapy?   Let's add to the scenario that the injured person  ends up with a low back surgery after the car accident.  The injured person knows the car accident made their back worse, but also knows they were going to physical therapy at the time of the accident.  How can you fairly determine what amount the negligent driver should pay for taking a sore back and turning it into a surgical bad back?  Pretty tough situation, huh? A pre-existing condition complicates these cases, whether the case is a personal injury, or the case is a work comp claim because the party who injured you does not have to pay for what had already happened to you earlier in your life. This is a fair concept, but in practice it is extremely difficult to sort out what happened earlier in your life and what happened from a traumatic injury.  People have to be smart and move slowly to fully understand the ramifications of a pre-existing condition. From experience, we know that you can go crazy trying to understand the situation and we urge you to pick up the phone and call a qualified attorney to start the process of sorting out all of the issues and angles.  You can be sure that the insurance company against you is doing that already.  For this reason you should call and get help.  515-224-4400 

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Lawyer, Lawyer, Dutton & Drake, L.L.P.

Lawyer, Lawyer, Dutton & Drake, L.L.P.
1415 Grand Ave.
West Des Moines, IA 50265

Phone: 515-421-8825
Fax: 515-223-4121
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