Have you been injured in a car accident in Salt Lake City, UT? Did the crash worsen your pre-existing condition? You could be entitled to substantial compensation. Our experienced Salt Lake City car accident attorneys at Feller & Wendt, LLC can help you seek the money you need to set things right. Call 385-475-3733 for a free consultation.Â
We have decades of combined experience handling car accident claims in Utah. We can help make sure the insurance company doesn’t dismiss the harm you’ve suffered just because you have an existing medical history. Reach out today to learn more about your case and how a Salt Lake City personal injury lawyer can help.
Why Choose Feller & Wendt, LLC for Your Salt Lake City Car Accident Claim?
Pre-existing condition cases can be difficult because insurance companies often look for ways to blame your pain on your medical history instead of the crash. At Feller & Wendt, LLC, our attorneys know how to push back against those tactics and build a claim that shows how the accident changed your health, your mobility, and your daily life.
Injured clients in Salt Lake City, Utah, choose our firm because:
- Our attorneys have more than a century of combined legal experience handling serious collision and injury cases.
- We have recovered tens of millions of dollars for injured clients across Utah and Idaho.
- We are a Veteran-owned law firm recognized by organizations including the National Trial Lawyers, Super Lawyers, and the American Institute of Personal Injury Lawyers.
- We provide personalized client service, so you never feel like just another case number.
- We handle car accident claims on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you.
Call today for a free consultation with one of our experienced Salt Lake City personal injury attorneys.Â
How Insurance Companies Challenge Pre-Existing Injury Claims
A documented medical history gives insurers a convenient argument that your pain, treatment, or limitations existed before the crash. The insurance company may try to:
- Use your records to cast doubt on the cause of your injuries
- Downplay how severely the accident worsened your condition
- Offer a lowball settlement that ignores the true scope of your harm
However, you may have multiple options for recovering compensation if a car accident aggravated your pre-existing condition.
Utah Law on Pre-Existing Conditions
Utah is a no-fault state, which means your own Personal Injury Protection (PIP) coverage pays initial medical bills regardless of who caused the crash. To pursue a claim against the at-fault driver, you generally must have a serious injury.
Once you step outside the no-fault system, Utah follows the “eggshell skull rule.” Under this principle, an at-fault party is responsible for all the harm they cause, even if a victim was unusually vulnerable to injury.
For example, suppose you were already managing a herniated disc before the crash, and the collision made it significantly worse. The at-fault driver cannot escape liability simply because your back was already susceptible to further injury.
Common Pre-Existing Conditions Before Car Crashes
Certain medical conditions are especially vulnerable to aggravation in a collision. Even if you were already dealing with pain or a prior diagnosis, you may still have a claim if the crash made your condition worse.
Frequently aggravated pre-existing conditions include:
- Chronic back or neck pain
- Herniated or bulging discs
- Spinal cord injuries
- Arthritis or joint degeneration
- Traumatic brain injuries
- Prior concussions or post-concussive syndrome
- Previous fractures
- Degenerative disc disease
- Anxiety, PTSD, or other mental health conditions
The key issue is not whether the condition existed before the accident. The law is concerned with whether the collision caused a measurable change in your health.
What Compensation Can I Recover in a Pre-Existing Injury Claim?
If a Salt Lake City crash aggravated your pre-existing condition, you may be entitled to economic and non-economic damages to address the additional harm you’ve suffered.
These damages may include:
- Emergency treatment and hospital bills
- Doctor visits and specialist care
- Physical therapy
- Rehabilitation
- Medications
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent limitations
The value of your claim depends on the difference between your condition before the crash and your condition after the crash. The clearer that difference is, the stronger your claim becomes.
If you share fault for the crash in any way, your compensation may be reduced to account for your share of blame. If you are more than 49% at fault for the collision, you won’t be able to recover any compensation. This rule is known as modified comparative fault.
Contact Our Salt Lake City Car Accident Attorneys for Help
You should never be penalized for having a pre-existing condition. If someone else’s negligence made your health problems worse, you deserve fair compensation. We have decades of experience holding insurers accountable when they refuse to pay fair compensation. We can help you seek a fair result in your case in Salt Lake City, UT.
Contact Feller & Wendt, LLC today to schedule your free, no-obligation consultation with a Salt Lake City car accident attorney and learn how we can help you move forward.
