Personal Injury Attorney

We know that accidents can dramatically change a person’s life. There may be medical bills piling up that are not your responsibility. Maybe you are in pain but can’t afford to seek medical treatment. Do you have property damage to a vehicle that is your only means of transportation and no one will help? Do your telephone calls to the insurance company go un-returned? Or, if the insurance adjuster does return your call, is he/she vague and non-responsive?

Are you trying to handle this alone?  Are you asking yourself:

How much is my claim worth?

Am I entitled to pain, suffering, and mental anguish?

Can I be compensated for lost wages?

How can I seek medical treatment when I have no health insurance or money?

What are my rights?

If you need help answering any of these questions, you may need an attorney. Remember, insurance companies are a business. The goal of their business is to make money and maximize profits.

Give us a call to discuss your situation. The initial consultation is free.  Call us toll free at (888) 225-8588.

We handle many types of claims including:

  • Auto Accidents
  • Truck Accidents
  • Wrongful Death Claims
  • Uninsured Motorist Claims
  • Slip and Fall Accidents
  • Fire Claims
  • Dog Bites
  • Injured Children
  • Nursing Home Neglect
  • Product Liability Claims
  • On the Job Injuries
  • Construction Accidents
  • Negligence Claims
  • Insurance Claims

Pre-existing Injury

All of us are aging.  As we do so, our bodies degenerate naturally.  Insurance companies and defense attorneys frequently attempt to use these facts to pay less to settle injury claims than they would for a healthy younger person.  The defense is that the person’s condition pre-existed the incident giving rise to the injury claim.  Consequently, it is argued that the at-fault person or entity that injured the claimant is not responsible for the injury since it was not caused by the incident.

Pre-existing condition allegations are frequently found in personal injury claims. For example, take the case where a 45 year old driver of a motor vehicle is rear ended by a distracted driver who was texting his girlfriend.  Until that moment the victim of the distracted driver’s negligence had been healthy, working 40-50 hours per week and enjoying a gym membership. Immediately after the incident, she experienced unbearable neck pain and unrelenting headaches that prevented her from returning to work – much less the gym.  After numerous visits to the chiropractor over several weeks, the pain had not improved and she was sent for a cervical MRI.  The test results indicate that the poor woman had degenerative disc disease with a bulging disc and moderate stenosis.  Until that day, the victim of the texting driver had never heard of degenerative disc disease or stenosis and, prior to the car crash had certainly never been to a doctor for neck pain.  She asks, “how could that be?”  When the insurance company for the negligent driver receives a copy of the MRI report, the immediate response is that its driver is not responsible for the pre-existing condition.  For many, this example will sound familiar.

Behr Law Firm consistently encounters the issue and often has great success convincing the responsible party that the condition was non-symptomatic (or minimally so) prior to the crash and that the severe impact from the collision aggravated the condition to the extent it became unbearably painful.

Causation

The cause of a personal injury victim’s injuries and damages is often disputed.  Insurance companies and defense attorneys may raise issues such as intervening causes and pre-existing conditions.  Intervening causes relate to events that take place after the event caused by the person that initially harmed the personal injury victim.  Pre-existing conditions are conditions that existed before the event.  

If convincing, these issues may have a significant impact on the ability to obtain a recovery for damages.  It is important to understand how to evaluate and respond to these types of defenses.  Behr Law Firm will provide an honest evaluation of these and countless other issues that arise during the prosecution of its clients’ claims.

Home & Hospital Visits Available

Obtain a Free Consultation

(888) 225-8588

Email Bart Behr Directly

bart@behrlawfirm.com

Visit One of Our Offices

Arlington

301 W. Abram St.
Arlington, Texas  76013
(817) 265-5755

San Marcos

1290 Wonderworld Dr., Ste. 1220
San Marcos, Texas  78666
(512) 353-5555

Victoria

5606 N. Navarro
Victoria, Texas  77904
(361) 570-5755

Wimberley*

13501 Ranch Road 12, Ste. 108
Wimberley, Texas  78676
(512) 842-6570
*Principle Office

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