Pothitakis Law Firm has been successful over the years as an Iowa personal injury lawyer. Niko Pothitakis has defended and won many cases in the last 20 years. Below shows just how helpful it is to hire a lawyer when a problem arises.
In September of 2009, Pothitakis Law Firm was contacted by P.S. who was in a vehicle that was struck from behind by a semi in August of 2009. As a result of the incident, the Plaintiff began experiencing low back pain and leg pain. He ultimately was told by his physicians that he needed to undergo surgery on his low back, including a fusion. Complicating the matter was the fact that the Plaintiff had suffered from a pre-existing back condition.
Was the Condition Related to the Accident?
In order to establish that the condition was related to the accident, Pothitakis Law Firm contacted the surgeon and obtained an opinion from him that accident had exacerbated an underlying medical condition resulting in his need for surgery. The fact that P.S. had a prior low back condition did not mean that P.S. was barred from recovery against the negligent truck driver. The establishment of an aggravation of this condition resulting in the need for surgery legally would support a recovery of damages for the fusion.
After presenting the report from the surgeon tying the surgery to the automobile accident, the insurance carrier for the trucking company contacted Pothitakis Law Firm and inquired about P.S.’s interest in mediating the claim. A mediation is where the parties voluntarily appear before a mediator who attempts to assist the parties in reaching a settlement of the claim. The parties attended the mediation and the claim was resolved for a significant amount.
This case illustrates the fact that despite having prior physical problems, that an injured party may still be entitled to damages based upon an aggravation of that condition from the fault of another party. No matter what your previous condition is, it is beneficial to hire an experienced Iowa personal injury attorney. If you have experienced a similar challenge give our law firm a call or fill out our contact form today. We offer free consultations to discuss what happened to you and how we may be able to help.