Clients with Pre-Existing Health Conditions are Entitled to the Same Justice and Treatment as Anyone Else

By Roger Foisy on December 4th, 2023

At Foisy & Associates, we proudly call ourselves lawyers for the people, treating every client as a person first. With our guidance, we ensure they receive the care they need and the designation required to support them through their injuries.

In our case stories series, we will highlight people we have helped over the years, sharing their experiences and how Foisy & Associates ensured they received the treatment and compensation they needed.

Meet Andrew

In the spring of 2018, Andrew, a dedicated father in his early 50s found his world upended. Working tirelessly across two jobs as a custodian and a gas station attendant, he was the cornerstone of his family, providing for his wife and two sons. Andrew also suffered from struggles with his mental health. Managing his challenges with the help of a psychiatrist to keep his anxiety at bay, Andrew never let his struggles define him or deter his role as the family’s provider.

Andrew’s resilience was put to the test following a motor vehicle accident. Although there were no outward signs of trauma, the injury to his brain intensified his pre-existing mental health issues. Struggling with severe tinnitus and memory problems, he found himself unable to continue his jobs, his condition invisible and misunderstood by those he loved most. As he tried to cling to normalcy, his family life began to crumble – his wife struggled to understand how he could not move past this injury, his relationship with his sons became strained, and his role as the provider for the family was questioned.

It was in this tumultuous time that Andrew turned to Foisy & Associates. Our firm understood that his injuries were not just a legal matter but a profound human struggle. We recognized the need for a support system that extended beyond Andrew to include his sons, who were silently enduring the effects of their father’s accident.

Fighting for Entitled Compensation

Andrew’s battle was not solely with his injuries but also with an insurance company that challenged the possibility of his recovery. They contended that his pre-existing anxiety disorder would have inevitably prevented him from maintaining his livelihood even without the accident. This narrow viewpoint failed to acknowledge Andrew’s history of perseverance and the nuanced impact of the brain injury on his life.

Foisy & Associates steadfastly countered this narrative, advocating that Andrew’s prior condition did not diminish his right to compensation and support. We fought to affirm that all individuals, regardless of pre-existing conditions, are entitled to justice and the means to recover. Our argument emphasized that Andrew had been a fully functioning member of society, his condition managed and contained, allowing him to provide for his family before the accident.

A Determination and Settlement for Andrew and His Family

Thanks to our argument, Andrew was deemed catastrophic by his insurance provider, and eventually, he was offered to settle his case. The seven-figure settlement achieved for Andrew was a victory in many ways. It provided him with financial compensation, which restored his sense of purpose and allowed him to continue being the provider for his family, something that was fundamentally important to his identity. This financial stability meant that both he and his sons could access the treatment necessary to address the emotional and psychological aftermath of the accident.

The settlement was also a profound statement against the misconception that individuals with disabilities or mental health issues are less deserving. It stood as a powerful acknowledgment of Andrew’s inherent rights, and by extension, the rights of all people to treatment, support, and the opportunity to prosper despite the challenges posed by unforeseen adversity.

This victory also served as a broader message of inclusivity and equity in the face of institutional bias. Andrew’s story is an emblem of hope and resilience for many facing similar battles. It reaffirmed our firm’s dedication not only to legal success but also to the principle that everyone deserves a fair fight for their future, regardless of the hurdles they face in their personal health. We are proud to have championed Andrew’s cause, ensuring that he and his family received the full measure of justice and support they were rightfully due.

If you or someone you love has been denied accident benefits by your automobile insurance provider, we encourage you to contact us for a free consultation. Foisy & Associates is a team with extensive experience in handling complex personal injury and long-term disability cases and are lawyers for the people who fight to receive maximum dollars for their clients.

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