Can a Pre-Existing Condition or Past Injury Affect My Personal Injury Claim?
Sustaining injuries in an accident at the workplace, on someone's premises, or the road can be scary and frightening. The bodily harm may be so severe and costly that your medical bills pile up, and you cannot work. Collecting compensation for the injuries is crucial, but your claim may be affected by several factors, one being pre-existing medical conditions or past injuries.
Once insurance adjusters realize you have a pre-existing condition, they can make the situation very hard for you to try to shortchange you or not pay you at all. The claim can be complicated, and you shouldn't go to battle alone. Skilled Florida personal injury and bankruptcy lawyers can help you fight for the maximum amount your case is worth.
What Pre-Existing Conditions Can Complicate Personal Injury Cases?
Once you file a compensation claim with an insurance company, the company may try to determine your health status. The process may reveal some of the following common pre-existing conditions:
- Neck or back problems: If you have a history of back or neck problems, it could be challenging to prove that a recent accident was the cause of your current injuries
- Bone and joint tissues: Past bone fractures or joint pain can complicate your case if you cannot prove that the accident caused your current injuries.
- Headache: A history of migraines, tension headaches, and cluster headaches can significantly reduce the compensation amount you can recover.
- Heart problems: If you have a history of cardiovascular issues, you might have difficulty proving that you sustained new injuries due to the accident and not the condition.
- Mental health issues: Pre-existing conditions such as post-traumatic stress disorder, depression, and anxiety can affect your injury claim, with adjusters claiming mental incompetence that makes you present your injuries as worse than they are.
It is in your best interest to discuss your situation with personal injury claims attorneys in Florida before filing a claim for current injuries. They could fight to show why you deserve compensation for the recent injuries, whether or not you have a pre-existing condition.
What is the Impact of Pre-Existing Conditions in a Personal Injury Claim?
Insurance companies may argue that you sustained injuries from your pre-existing condition instead of the accident. Alternatively, their representatives may claim that the pre-existing condition only worsened your injuries. Their point is that had it not been for the condition, your claim would not be there in the first place, or it would be worth much less.
However, having a pre-existing condition doesn’t mean you shouldn’t receive compensation for an existing injury. Depending on how you argue your case, having a pre-existing condition that was aggravated in a current accident due to someone's negligence could make you eligible for a high-value settlement.
The back and forth with insurance companies can be frustrating. To prove that the injury was a direct result of the accident and why you should be compensated, don't fight the battle alone. Consult skilled personal injury claims attorneys in Florida for legal counsel and representation. They can help you create a strong claim with the necessary evidence.
The Concept of the Eggshell Plaintiff
Conversely, a pre-existing condition can increase the value of your personal injury claim. The concept of the eggshell accident victim implies that the victim must be accepted in their previous state before the accident. Consider this: a 20-year-old healthy bodybuilder in great physical shape may not suffer the same severity of injuries as a 50-year-old with arthritis.
The older victim may be at a greater risk of broken bones and take longer to recover. In comparison, the younger victim may break a bone but take a shorter recovery time with few or no complications. In both cases, it's neither victim's fault they were injured due to another person's negligence.
So, they deserve to recover compensation for the injuries to help them meet the costs of reaching the maximum recovery level possible. A medical provider should provide evidence that the current aggravated condition is due to the injuries sustained in the most recent accident.
How Can I Handle a Pre-Existing Condition in My Personal Injury Claim?
In seeking compensation for injuries sustained while you have a pre-existing condition, consider getting the help of skilled Florida personal injury claims attorneys. They can provide legal assistance to enable you to deal with the nuances of individual injury cases and pursue the most favorable outcome. They can advise you to take the following steps:
- Record everything about the current injury and the pre-existing condition, including the medical bills, doctor's prescriptions, and appointments
- Take detailed notes of your recovery journey and experiences, including the changes in symptoms over time. Keep records of your communication with the insurance adjuster if they contact you, but the best thing is to decline to give any information in the absence of your lawyer
- Be truthful about the pre-existing condition to enable your Florida personal injury claims lawyer to determine the approach to take to strengthen your case
A Skilled Personal Injury Attorney Fighting for the Maximum Compensation You Deserve
Filing a claim for current injuries sustained in an accident while you have a pre-existing condition can complicate the matter. Insurance adjusters may claim that the pre-existing condition worsened your injuries, so your case is not worth as much as you claim it to be.
Skilled personal injury attorneys can work with you to prove how the injuries aggravated the pre-existing condition and why you deserve the maximum compensation possible. Your chances of recovering compensation are higher with skilled legal professionals by your side. The team at the Dellutri Law Group can help you. Call us at 800-391-4337 to schedule a complimentary case strategy.