Does my Multiple Sclerosis Effect My Car Accident Claim?

by Karen
(Mayflower, AR)

I was in a rear end collision in January 2011. I had soft tissue injuries to my neck and right shoulder. This happened a week before I left on a cruise with friends. I should have stayed home since I stayed in the cabin most of time. I am 51 years old and have Multiple Sclerosis.

I went thru 12 weeks of therapy and had some problems with facial pain. The injuries still bother me some. The car was totaled, $17,468 is what was paid for the car. My medical bills were $4,515.

Does my MS effect my car accident claim for injuries? Do you have any recommendations?

Visitor Question:
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ANSWER for "Does my Multiple Sclerosis Effect My Car Accident Claim?":

Karen (Mayflower, AR):

There is no doubt you suffered injuries as a result of the collision. It appears you have already been in discussions with the at-fault driver’s insurance company.

In the case of automobile collisions involving personal injury you will normally be speaking with two different insurance company representatives. They are known as Claims Adjusters. One of them normally deals with the damage to your vehicle, and the other deals with your injuries.

It seems you've already settled with the Claims Adjuster on your property damage. If the insurance company has paid for your property damage this means they have accepted liability on behalf of the at-fault driver, known also as their "insured."

If you have not yet signed a Release, you still can negotiate for a settlement well in excess of just the amount of your medical bills. The law also allows compensation for out-of pocket expenses, lost wages, and most importantly for you, the pain and suffering you endured.

The only difficulty may be what is called your pre-existing injury, or your Multiple Sclerosis. They may take a position stating it's impossible to define what part of your injuries are a result of the actual collision, or the result of your Multiple Sclerosis.

You should not be deterred by this though. Requesting more than just your medical bills is standard in these types of cases. If you need some help don’t be afraid to contact a Personal Injury Attorney. Most will not charge any fee for an initial office consultation.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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