Post-traumatic Osteoarthritis and Injury Claims

knee pain after car accident

What is Osteoarthritis?

Osteoarthritis is the erosion or wearing of the cartilage at the end of bones. The cartilage prevents the bones from rubbing against each other and hence when the cartilage wears down, the bones start rubbing together causing pain in the joints. Osteoarthritis can occur in any joint of the body, however it occurs most commonly in the joints of hands, spine, hips and knees. Post-traumatic osteoarthritis is a common car accident injury and almost 12% cases of osteoarthritis in America are caused by some accident or trauma.

The common symptoms of osteoarthritis are pain and tenderness in joints, inflammation, stiffness, reduction in movement of affected joint, loss of flexibility, and grinding of joints. These symptoms alone can determine osteoarthritis, however, certain other diagnostics like blood tests, x-rays, MRI are done to confirm the diagnosis.

Osteoarthritis After a Car Accident

Post traumatic osteoarthritis or osteoarthritis after an accident is a common condition. According to statistics available about 12 percent cases of osteoarthritis of knee, hip, and ankle are caused by some kind of accident or trauma.

Filing an Accident Claim in St. Louis

In a car accident case, your claim should be based on the medical treatment you received for the injuries caused due to the accident. This means, to make a claim for osteoarthritis following a car accident, it is essential that your treating doctor has diagnosed you with osteoarthritis, and should have mentioned in your medical reports that the condition is a result of the car accident.

The mere fact that you never had osteoarthritis before the accident does not entitle you to compensation. You will have to prove it in the court that the condition was caused by the car accident.

Damages for Post-traumatic Osteoarthritis

Damages for post traumatic osteoarthritis are similar to the ones that you can receive for any other injury or illness. You may receive compensation for all the losses that you have suffered as a result of the condition, not just the medical expenses.

Depending on the severity of the condition, post traumatic osteoarthritis may limit your ability to do work, and may cause substantial pain and suffering.  As long as you can prove that the damages are in some way related to the car accident, you can seek compensation.

It is important that the plaintiff’s testimony is in line with the doctor’s testimony. If the plaintiff claims that his complaints and symptoms are worse than what the doctors think, the jurors will assume that the plaintiff is exaggerating. Having a medical expert testify as to the extent of your injuries is essential.

If you have become a victim of a car accident, you should immediately speak with an experienced St Louis car accident attorney at The Hoffmann Law Firm, L.L.C. We can not only make you aware of your legal rights, we can actively work to protect them. Call us today at (314) 361-4242 for a free consultation.


Setting Car Accident Claims – Do It Yourself or Speak with an Attorney?

Some car accident claims can be settled with ease, while others can become an extremely complicated process.

saint louis injury lawyer

If you have been involved in a St. Louis car accident, it is highly advisable that you speak with an attorney about your accident to determine what your legals rights are and ensure that they are protected. Here are 5 factors to consider:

1. Status of Fault Liability

Cases where the other driver and his insurance company have accepted liability are often fairly straightforward; however, cases where the fault liability is contested become complicated and generally end up in court. There you will be required to prove the other driver’s fault and failing to do so will result in a denial of compensation. When the case gets contested in court, it becomes all the more wise to speak with an experienced car accident attorney.

2. Out-of-Pocket Expenses

After an accident you end up spending some money on your treatment and/or on repairing the damage to your vehicle. In many cases, your out-of-pocket expenses may add up into the thousands. An attorney can help you keep track of your out-of-pocket expenses and fight to get you compensated for these.

3. Extent of Bodily Injuries

Serious injuries sustained in an accident often take a long time to recover and a permanent injury will stay with you for your life. A broken bone, a herniated disc, and other such injuries may require a surgery, increasing the expenses for treatment. A permanent injury or disability will affect your day to day life and should be compensated adequately. Typically the higher the compensation amount, the less likely the other party is to agree to pay.

4. Is your case going to Court?

If you have exhausted all other means of negotiations and settlements, you will likely have to take your case to court. Having an experienced attorney by your side will no doubt increase your chances of receiving the compensation you deserve.

5. Time Invested

Representing your own case will no doubt require a great deal of time and energy. Especially in complex cases, you may invest hours in researching legalities and preparing your case, not to mention the stress of presenting your case, should it go to court. With an experienced attorney on your side, you will be able to focus on physical recovery and can rest assured, knowing everything is being done to protect your rights and get you the compensation you deserve.

Contact The Hoffmann Law Firm, L.L.C. today if you have been involved in a St. Louis car accident. We can evaluate your case for free, help you determine what your legal options are, and assist you through every step of the process. Call (314) 361-4242.

Safe Habits for Every Teenage Driver

Establishing safe driving habits early on can save lives!

Teen Driver - Adjusting Mirror

Statistics have shown that automobile accidents are the foremost reason for death among adolescents. The risk of being involved in automobile accidents is high within the first six months after adolescents receive their license to drive. More often than not, it is due to lack of experience and over enthusiasm from a perceived independence.

Speeding, distraction, and failure to notice and respond to possible dangers, are all common reasons for accidents involving teenage drivers. The common reason for distraction among adolescents is texting and driving. Recent statistics indicate that around 21% of adolescent drivers involved in automobile accidents were speeding. The risk of drivers between the ages of 16 and 19 being involved in an automobile accident is four times higher compared to drivers in an older age group or drivers between the ages of 25 and 69.

Some simple tips can help teenage drivers decrease their chances of being involved in an automobile accident.

Check Your Surroundings

Experienced drivers are in the habit of checking all of their surroundings on the road. In addition to checking what is going on in front of and behind one’s vehicle, it is vital to check blind spots before switching lanes. When teenage drivers are aware of their surrounds their chances of being involved in an accident decrease.

Monitor Your Speed

A drivers surroundings may change in an instant, making an unexpected stop necessary. For this, and other reasons, it is important for all drivers to monitor their speed and make sure that they are well within the speed limit. The main reason why speed limit notices are posted in some areas, such as exit ramps, is to ensure that inexperienced drivers are aware of the necessary speed that will allow them to safely exit ramps. It is also essential to teach adolescents how weather conditions, such as rain or snow, can affect driving situations.

Remove Source of Distractions

Lives can be saved when parents have rules while driving. These rules include not using mobile phones or setting a maximum number of people inside the vehicle. Probationary periods should be established by parents to ensure they gain enough experience to drive independently. Some authorities recommend that a six-month period should be established by parents before they allow their adolescent children to drive independently.

Evidence indicates that adolescent drivers whose parents establish regulations and provide supportive guidance for them are less likely to become involved in automobile accidents. Therefore if you are a parent it is vital that you instill safe driving happens in your child. It could save not only their life but the lives of others.

If you have been involved in a St. Louis car accident, contact The Hoffmann Law Firm, L.L.C. right away at (314) 361-4242 for a free consultation with an experienced attorney!