How Does a Pre-Existing Condition Impact Your Personal Injury Claim?
If you have been hurt in an accident and you have a prior condition, such as a bad back, arthritis, or migraines, you may wonder if this will disqualify you from filing a personal injury claim. Fortunately, it does not. In Tampa, slip and falls and car crashes are very common and while a pre-existing condition can complicate your claim, it does not automatically invalidate them.
Insurance companies often blame pre-existing conditions for injuries caused in an accident, but the law is on your side. Below, our Tampa personal injury attorney explains the important information you need to know.
How Do Insurance Companies Use Pre-Existing Conditions?
Insurance companies are eager to blame pre-existing conditions for the injuries suffered during an accident. For example, if you suffered whiplash in a car accident, they may dismiss your claim saying that it is just your old neck injury acting up again.
In many instances, insurers even ask accident victims to sign a medical release form. This gives them access to your medical records so they can comb through them looking for a pre-existing condition, and a reason to deny your claim. Never sign anything the insurance company gives you without first speaking to a Tampa personal injury attorney.
The Eggshell Plaintiff Doctrine
The eggshell plaintiff doctrine is a legal principle Florida follows. This doctrine provides protection to accident victims by stating that liable parties must accept plaintiffs ‘as they find them.’ This means negligent parties are still responsible for any injury caused by their negligence, even if a pre-existing condition made a plaintiff more vulnerable.
For example, you may have suffered a knee injury years ago. If a property owner was negligent and caused a slip and fall that aggravated the injury, the property owner can still be held liable for paying damages for your medical bills, pain and suffering, and other damages.
How to Prove New Injuries with a Pre-Existing Condition
Proving injuries in a personal injury claim is always challenging, but it is even more complex when you suffer from a pre-existing condition. Two of the best ways to do this are as follows:
- Medical documentation: It is critical that you seek medical attention after any accident so your injuries are well documented. Medical records such as MRIs and X-rays can highlight pre-existing conditions that were made worse, as well as new injuries.
- Expert testimony: Expert testimony from medical doctors and specialists can testify that the accident exacerbated your pre-existing condition. These experts can differentiate between old injuries, worsening injuries, and new injuries.
Call Our Personal Injury Attorney in Tampa Today
Insurance companies use many strategies to deny accident victims the compensation they deserve and pre-existing strategies are just one of them. At Moore Law, our Tampa personal injury attorney knows how to fight back against the tricks they use so your rights are protected. Call us now at 813-510-5400 or contact us online to schedule a consultation and to get the legal help you need.
Source:
law.cornell.edu/wex/eggshell_skull_rule
