It is estimated that you will be involved in at least one auto accident in your driving career, so it is no wonder that there are hundreds of thousands of auto accidents in Florida each year. Auto accident claims can be complicated, and when there are serious personal injuries or fatalities, these claims become even more involved. If you are injured in a car accident and had pre-existing injuries, it takes a skillful, knowledgeable attorney to prove the accident exacerbated your existing injuries and that you are deserving of financial compensation for those additional injuries. The Orlando car accident lawyers at Best Law Firm Florida P.A. have the knowledge and experience to fight these difficult cases and win. We have spent the last 30 years helping victims in Florida and we want to help you!
If the insurance company of the defendant is able to prove that you had a pre-existing medical condition or injury and that the motor vehicle collision did not cause any new complications, they may be able to avoid paying you the compensation you deserve. The attorneys at Best Law Firm Florida P.A. know how to deal with these insurance company tactics and have successfully represented clients in and around Orlando, Florida for decades.
What is a Pre-existing Injury or Condition and how is it Proven?
A pre-existing condition means that you had previously injured the same part of your body that was hurt in the car accident. Some examples of pre-existing injuries or conditions include:
- Degenerative disc disease of the spine/back
- Herniated discs
- Head, neck, and shoulder injuries
- Spinal cord injuries
The law states that, in general, the person hurt in an auto accident cannot recover for a pre-existing condition, but he or she can recover for any worsening of that condition caused by the accident. The existence of a physical problem before the accident may raise medical and legal issues for your personal injury lawyer. Our challenge is to prove, via expert medical testimony, that the auto accident caused you additional injury. We can argue that the fact you had a pre-existing condition made you more susceptible to a more severe injury than if you had no pre-existing condition before the car wreck.
When making an insurance claim or filing a lawsuit after a car accident, it is important to identify any pre-existing injuries you have and any complications that result from them. Generally speaking, the at-fault driver is not responsible for injuries or medical conditions that existed before the car accident. However, if the auto accident makes your injury worse, the at-fault driver is responsible for paying the additional lost wages, medical bills, and pain and suffering caused by the aggravation of your injury. Properly identifying and documenting the changes in your medical condition is crucial to preventing the at-fault driver’s insurance company from claiming that the collision did not cause any new complications or otherwise worsen your condition.
If you live in or around Orlando, Florida and have been in an a car accident that exacerbated a pre-existing condition, please contact the experienced car accident lawyers at Best Law Firm Florida P.A. to schedule your no-cost confidential consultation.