When Insurance Claims A Need For Surgery Was Preexisting
Thinking Big: Attorney Chas Farcher discusses fighting for our client when the insurance company argued that their need for surgery after a crash was preexisting. We secured a nearly 7-figure settlement for our client.
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You know, another case that just recently resolved that I thought was interesting because it’s an argument that I hear from insurance carriers every single day. I specialize in connective tissue injuries, and this was a client who had had a spine surgery in the months before my car crash. He had recovered from that spine surgery, was released from his doctor’s care for about two or three weeks before our car crash happened, and he ended up needing another spine surgery. Of course, the insurance companies always argue when that happens that the client or the patient has preexisting problems, preexisting injuries, and therefore they’re not responsible for it. That’s not the case. That’s not how the New York State law reads. If a person has a preexisting condition, it can be aggravated, it can be exacerbated, and the insurance carriers are liable that you own that piece of it. So, with that in mind, and using the doctors and the medicine, and the science, we were able to get a nice recovery for our client that was just short of seven figures that I thought was a great result for him.