How Do Pre-Existing Conditions Impact Your Personal Injury Claim?
If you have been hurt due to another person’s negligence, or carelessness, you may have the right to file a personal injury claim against them to recover compensation. The damages available can help cover your medical bills, lost wages, and other losses. You may face many challenges when filing a personal injury claim, particularly if you have a pre-existing condition. Below, our Tampa personal injury attorney explains more about these conditions and how they may impact your claim.
What are Pre-Existing Conditions?
A pre-existing condition in personal injury law refers to any medical or physical issue that you suffered from before an accident. Chronic pain, a slipped disc, arthritis, and other medical problems are just a few common types of pre-existing conditions. Many insurance companies try to blame injuries resulting from accidents on pre-existing conditions but this does not necessarily bar you from filing a claim for damages.
How are Pre-Existing Conditions Treated Under the Law?
Under state law in Florida, if an accident caused a new injury, or aggravated a pre-existing condition, the liable party can still be held accountable for paying damages. This is outlined in the Florida Standard Jury Instructions in Civil Cases, Instruction 501.5(a). These instructions tell juries that if a defendant caused bodily injury that resulted in an existing condition becoming aggravated, the jury must determine what portion of the claim arose from the aggravation.
For example, you may have already had back problems when a car accident caused by someone else aggravated the condition. The change in your condition can be attributed to the crash and so, you deserve compensation for that difference. Additionally, under the ‘eggshell skull’ doctrine in Florida, defendants must also take accident victims as they find them. This means that being more vulnerable does not excuse the accountable party for causing harm.
Critical Steps to Take if You Have a Pre-Existing Condition
There are always important steps to take after an accident, but these are even more critical if you have a pre-existing condition. These include:
- Seek immediate medical treatment: Immediate medical treatment and continued care can disprove arguments that you failed to mitigate your injuries. After seeking medical treatment, follow through with all recommendations.
- Keep records of all medical documents: Keep copies of your medical records such as MRIs, x-rays, scans, and test results in a secure place. These can prove the extent of your injuries before the accident and how the incident worsened them.
- Work with a Tampa personal injury attorney: An experienced personal injury lawyer will know how to build a claim for the aggravation of your condition, challenge pushbacks from the insurance company, and handle issues of liability to make the process easier for you.
Our Personal Injury Attorney in Tampa Can Help with Pre-Existing Conditions
A pre-existing condition does not automatically mean you do not have a right to compensation. At Moore Law, our Tampa personal injury attorney can help you through the challenges these conditions create so you obtain the full and fair settlement you are entitled to. Call us now at 813-510-5400 or contact us online to schedule a consultation and to get the legal help you need.
Source:
flcourts-media.flcourts.gov/content/download/243071/file/entire-Document.pdf
