After a car accident, defense attorneys and insurance adjusters will carefully examine your accident claim to find reasons that their client is not liable for your injury. They will look at you, your behavior, and any facts about you that are pertinent to the claim. Even though you have been injured, they will examine you as though you are guilty of fraud, and they will look for every reason possible to blame you rather than show that their client is liable for your losses.
One of the most common ways for an insurance company or defense attorney to prove that their client is not liable for your injuries is through your personal 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 due to their findings.
When you have past medical conditions or injuries and are later injured in a new car accident, the symptoms you had prior to that accident are referred to as the pre-existing condition or injury.
Pre-existing injuries and conditions will always be considered in car accident claims. Some examples of pre-existing conditions include:
Whether you suffer from one of the above items or another pre-existing condition or injury, you should not feel discouraged from pursuing compensation for your injuries. In many cases, it can actually be easier for injury victims with a proven history of medical treatments to provide concrete evidence that their injury was a result of the accident than it would be for adults who do not regularly see a doctor.
Under Florida law, a pre-existing condition or injury can affect how much you are compensated for your losses. 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 if the accident aggravated a pre-existing injury, you cannot be prevented from recovering damages.
In some cases, you may have a lesser amount awarded to you due to your pre-existing condition or injury, but that does not mean the defendant will not pay anything. It is only in rare cases that the defendant may be deemed not liable and free from any damages. Other times, pre-existing conditions can have no impact on your case, and the defendant can still be 100% liable for your injuries.
Fighting pre-existing conditions and protecting your right to compensation can be difficult. At Vasilaros Wagner, we understand the complexities of cases like yours and can help you exercise your right to compensation. Our philosophy is to help guide you on your legal path with compassion and the utmost attention to every detail of your case. Contact a personal injury lawyer at Vasilaros Wagner today for a free consultation, either by calling 386-777-7777 or by filling out our online contact form.