Does a Pre-Existing Condition Bar You from Filing a Personal Injury Claim?
If you have been hurt in an accident but have a pre-existing condition such as migraines, a bad back, or arthritis, it can make filing a personal injury claim more difficult. However, it does not automatically bar you from receiving the financial compensation you need. In Florida, where car crashes, slip and falls, and other types of accidents are all too common, people who are injured by another person’s negligence can still file a claim for compensation even if they have a pre-existing condition. Below, our Tampa personal injury attorney explains the eggshell skull doctrine in Florida and how it may impact your case.
What is the Eggshell Skull Doctrine in Florida?
The eggshell skull doctrine in Florida is a legal concept that states negligent parties must take you as you are at the time of an accident. It means liable parties can still be held responsible for any harm they caused, even if you were more vulnerable due to a pre-existing condition. If a slip and fall worsens an old knee injury or a car crash causes damage to an already fragile spine, the negligent party owes you compensation for your injuries, and not just those that a healthier person may sustain.
How Insurance Companies Use Pre-Existing Conditions Against You
Insurance companies will use pre-existing conditions to argue that you do not deserve compensation. They may argue that your disability or pain was not caused by the accident but instead, the old injury. Even when an accident causes a previous injury to become worse, insurance companies will ignore this fact. They will claim that you were injured before your accident and that you did not suffer any new injuries.
The Importance of Evidence to Prove New or Aggravated Injuries
Strong evidence is important when filing any personal injury claim. However, when you have a pre-existing condition, it is even more critical. Medical records from before and after your accident can be compared to show that the pre-existing condition was aggravated. For example, you may have experienced spinal issues before a car accident but a new MRI can show a herniated disc you did not have before the crash. Or, these tests may show that you suffered an entirely new injury, such as a concussion, during an accident.
Expert testimony is also often very strong evidence that can prove your case. Doctors and other specialists can testify about how an accident made your condition worse, or caused you to sustain fresh injuries.
Timing is very important after any accident involving a pre-existing condition. The sooner you can seek medical treatment, the more likely it is that you can prove a recent accident caused new injuries, or aggravated the ones you had before.
Our Personal Injury Attorney in Tampa Can Help You Overcome the Challenge of a Pre-Existing Condition
A pre-existing condition can make filing a personal injury claim more challenging but it does not eliminate your rights. At Moore Law, our Tampa personal injury attorney will use the eggshell skull doctrine to prove that you deserve compensation for new or worsened injuries so you claim the fair settlement you deserve. Call us today at 813-510-5400 or chat with us online to schedule a consultation and to ensure your rights are protected.
Source:
law.cornell.edu/wex/eggshell_skull_rule
