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Florida Injury Lawyers > Blog > Personal Injury > Can You Be Compensated After A Florida Accident If You Have A Pre-Existing Condition?

Can You Be Compensated After A Florida Accident If You Have A Pre-Existing Condition?

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After an accident that wasn’t your fault causes you to suffer severe injuries, you have the legal right to file an accident claim against the at-fault party and recover compensation. Unfortunately, if you had a pre-existing condition before your accident, the at-fault party’s insurance company is bound to give you a hard time after you file your claim. The insurance company might even try to deny your claim. However, if you retain a skilled personal injury attorney, you can recover compensation even if you had a pre-existing condition before your accident.

What Is a Pre-Existing Condition?

A pre-existing condition is a condition (either physical or mental) that you had before your accident. Some examples of pre-existing medical conditions include;

  • Prior treatment for “the same” body parts your are currently complaining of
  • Pre-crash MRI showing herniations or narrowing
  • Post-crash MRI showing disc desiccation or osteophytes
  • Post-crash MRI showing “bone on bone”
  • Anxiety or Depression

Unfortunately, insurance companies love using pre-existing conditions against accident victims. Often, insurance companies tell victims that they are not responsible for paying for a condition that existed before an accident. But what happens if, for example, you got into a Florida car accident that aggravated your injury? Can the insurance company still claim they are not responsible for compensating you? Can you still recover compensation?

You can ABSOLUTELY recover damages even if you had a pre-existing injury that was aggravated and/or exacerbated from this accident.

Accident victims have the right to recover compensation from at-fault parties, regardless of having pre-existing conditions. If you suffered an injury that aggravated or complicated your pre-existing condition, you might still be entitled to obtain compensation from an at-fault party. The “eggshell plaintiff rule” requires at-fault parties to be held responsible for the harm they cause, no matter how fragile a person was before their accident. Therefore, if you had a pre-existing condition before your accident that was aggravated or complicated by your accident, you should not be hesitant to pursue legal action.

In one recent case, our client treated with her chiropractor for neck and back pain the day before her crash.    In fact, she had been treating with her chiropractor 2x a month for years for routine maintenance from a prior car crash.   This crash worsened her injuries.   Her new MRI revealed pre-existing injuries, as well as new and acute injuries.   After fighting on her behalf, we settled the case for more than $100,000.00.

Do You Need To Disclose a Pre-Existing Condition?

It is crucial that you avoid hiding a pre-existing condition from the at-fault party’s insurance company. Not disclosing your pre-existing condition will only hurt your claim. Hiding your pre-existing condition can even lead to your claim being dismissed. With that said, you need to be careful not to share too much information with the at-fault party’s insurance company. Yes, you need to give the insurance company accurate information about your pre-existing information. But you don’t have to provide the insurance company with all your medical records.

When it comes to revealing a pre-existing condition, it is advisable that you inform an attorney about your condition and let them tell the insurance company about it.

How an Attorney Can Help

Apart from helping you disclose your pre-existing condition, there are several other ways an attorney can help you. For example, an attorney can help you gather the evidence you need to prove how the accident aggravated or complicated your pre-existing condition. They can also help you negotiate with the insurance company or litigate your case if the need for litigation arises.

Contact a Coral Springs Personal Injury Lawyer

If you had a pre-existing medical or health condition before you got into your Florida accident, contact one of our Coral Springs personal injury lawyers at Lyons & Snyder for legal help.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.737.html

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