Case Overview
In August 2024, our client was struck by a vehicle while walking. While the at-fault driver’s liability was clear, the case was anything but straightforward. Our client was elderly and had pre-existing physical conditions prior to the accident—factors that insurance companies routinely exploit to minimize or deny compensation.
From the very beginning, this case required a strategic and medically informed approach.
The Challenge
The insurance company did what insurers often do in cases involving older clients with prior health conditions: they attempted to disconnect the accident from the injuries. Their argument centered on the idea that the client’s post-accident decline was simply a natural progression of pre-existing conditions—not a direct result of the collision.
This is one of the most common and difficult defense strategies to overcome. Without thorough medical documentation and a clear legal argument, many clients in similar situations settle for far less than they deserve—or receive nothing at all.
Our Approach
Song Law Firm began with a comprehensive review of the client’s full medical history. Rather than accepting the insurer’s framing, we worked to draw a clear and documented line between the client’s condition before the accident and the changes that occurred after.
We identified specific evidence showing how the accident caused distinct new harm—harm that could not be attributed to natural aging or prior conditions alone. This medical narrative became the foundation of our negotiation strategy.
We met the insurance company’s defense arguments directly and persistently. Our team made it clear that the client’s age and prior health history did not diminish the very real impact of the collision—and we backed that position with evidence every step of the way.
The Outcome
Despite sustained resistance from the insurance company, Song Law Firm successfully recovered the full insurance policy limit for our client. This result reflects not just legal skill, but a commitment to fighting for what our clients are rightfully owed—no matter the obstacles.
Client Testimonial
“I was worried because of my age and pre-existing health issues, but Song Law Firm never gave up. Thanks to their dedication, I received a result I didn’t think was possible. I’m truly grateful.”
Why Song Law Firm
- Sophisticated handling of cases involving elderly clients and pre-existing conditions
- Medically grounded causation analysis built on thorough record review
- Proven negotiation strategies that directly counter insurer defense tactics
- Relentless commitment to each client’s case from start to finish
Schedule Your Free Consultation Today 📞 (201) 461-0031 🌐 www.songlawfirm.com 📧 pi@songlawfirm.com
Results may vary. Past results do not guarantee future outcomes.
FAQ
Q: Can I still get compensation if I have pre-existing conditions before a car accident? A: Yes. Having a pre-existing condition does not disqualify you from receiving compensation. Under New Jersey law, if an accident worsened your condition or caused new injuries, the at-fault party can still be held responsible for those additional damages. An experienced personal injury attorney can help distinguish what was pre-existing from what the accident caused.
Q: What should I do if the insurance company says my injuries were caused by my age or health history, not the accident? A: Do not accept this without legal advice. Insurance companies often use pre-existing conditions as a strategy to reduce payouts. A personal injury lawyer can analyze your medical records and build a case that demonstrates exactly how the accident affected your health—independent of prior conditions.
Q: How long do I have to file a personal injury claim in New Jersey? A: In New Jersey, the statute of limitations for personal injury claims is generally two years from the date of the accident. If you miss this deadline, you may lose your right to compensation entirely. Contact an attorney as soon as possible after your accident.
Q: How much does it cost to hire Song Law Firm for a personal injury case? A: Song Law Firm handles personal injury cases on a contingency fee basis—meaning you pay nothing unless we recover compensation for you. Your initial consultation is always free.
