Can a Pre–Existing Condition Hurt My Car Accident Case?

Can a Pre–Existing Condition Hurt My Case?

After an accident, defense attorneys and insurance adjusters will carefully examine your accident claim to look for arguments that their client is not liable for your injury. They will always look at you, your behavior and any facts pertinent to the claim. Even though you are injured, they will examine you as though you are guilty and they will look for every reason possible to blame you rather than show their client is liable for your losses. One of the most common ways for an insurance company or attorney to prove their client isn’t liable is through medical records. They will look for pre-existing conditions or injuries in your medical history and argue that all or some of your damages are not eligible for compensation.

What is a Pre–Existing Injury?

When you have past medical injuries or conditions and are then injured in a new accident, the injury you had prior to that accident is referred to as the pre-existing condition. Pre-existing injuries and conditions will always be considered in a car accident claim. Some examples of pre-existing conditions can include:

  • Herniated discs
  • Injuries to your neck, shoulders, knees, etc.
  • Asthma
  • Arthritis
  • Congenital conditions

How Pre–Existing Conditions Impact Your Accident Case

A pre-existing condition can affect how much you are compensated for under Florida law. Sometimes you may have a lesser amount awarded to you, but that does not mean the defendant will not pay anything. In rare cases, the defendant may be deemed not liable and free from any damages. Other times, pre-existing conditions have no impact and the defendant is still 100 percent liable for your injuries. Florida law uses “causation” to help determine how pre-existing conditions impact your new injuries. If you were hurt in any way that is independent from your pre-existing injury or the accident aggravated a pre-existing injury, you cannot be prevented from recovering damages.

Get Help with Your Accident and Pre–Existing Condition – Contact Vasilaros Wagner Today

Arguing pre-existing conditions and protecting your right to compensation can be difficult. The Daytona attorneys at Vasilaros Wagner understand these complexities and can help exercise your rights to compensation. Contact us today for a consultation by calling 386-777-7777 or by filling out an online contact form.

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