How Does a Pre-Existing Condition Impact Your Car Accident Claim?
After a car crash, insurance adjusters and defense attorneys will scrutinize your accident claim looking for reasons to argue that their client is not responsible for your injuries. They will examine you, your behavior, and any relevant facts about your case. Even though you are hurt, they will try to cast suspicion on you to show that you are to blame and not the defendant.
One way defense attorneys and insurance adjusters do this is to look for pre-existing conditions that could result in a lower settlement. Below, our Tampa car accident attorney explains how pre-existing conditions may impact your claim.
Can Insurance Companies Access Your Medical Records After a Car Accident?
In some instances, insurance companies may be able to access your medical records after a car accident. However, there are limitations, including the types of records they can analyze. In most cases, they can only search for injuries related to the car accident. Insurance adjusters want to examine your medical records so they can look for a pre-existing condition. Pre-existing conditions are illnesses or injuries you suffered before a car accident.
Generally speaking, insurance adjusters can only access your medical records if you give them permission to do so. Insurers typically obtain this consent through a “Medical Authorization” release form. Signing this form can be very detrimental to your case. It is important that you do not sign anything until a Tampa car accident attorney has reviewed it and advised you of what you are signing.
How Can a Pre-Existing Condition Affect Your Car Accident Claim?
A pre-existing condition does not automatically bar you from receiving compensation for your injuries. State law in Florida uses ‘causation’ to determine how a pre-existing condition could have impacted your new injury. You can still claim compensation for any injuries you sustained that are separate from your pre-existing condition. For example, if you had back issues prior to the crash but then sustained a broken leg, the insurance adjuster would find it difficult to argue that the broken leg had anything to do with your injured back.
If a car accident aggravates a pre-existing condition, making it worse, you can also claim compensation for the worsening injury. Staying with the back injury above, you may have suffered from a herniated disc before a car accident. If the crash caused you to pull a back muscle, making the herniated disc worse, you can pursue damages for the worsening condition.
Our Car Accident Attorney in Tampa Can Help You Pursue Full Damages
The insurance company likely will argue that your injuries are due to a pre-existing condition and not a crash, and these claims can be very difficult to overcome. At Moore Law, our Tampa car accident attorney knows how to prove that you deserve full damages for all of the injuries you suffered, including those that aggravated pre-existing conditions. Call us now at 813-510-5400 or chat with us online to schedule a consultation with our experienced attorney and to learn more about your legal options.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/0768.html
