What if I have pre-existing conditions that were aggravated by the accident?
If you have pre-existing conditions that were aggravated by an auto accident, you might be wondering about your rights, compensation, and what steps to take to ensure your medical bills and other losses are covered. A car accident lawyer can go over the facts of your case, review your insurance policy, and handle all communication with the insurance company, ensuring you obtain the compensation you’re owed for your injuries.
How Do You Pursue Compensation After a Car Crash in Florida if You Have a Pre-Existing Condition?
Pre-existing conditions that are exacerbated by a car accident can significantly complicate the claims process. Insurance companies may attempt to downplay the role of the accident in aggravating your condition, leading to disputes over compensation.
These conditions can range from previous injuries and chronic illnesses to ongoing medical treatments. While having a pre-existing condition doesn’t automatically disqualify you from seeking compensation, it can make it difficult to recover the compensation you’re owed.
Florida has specific laws and regulations regarding pre-existing injuries and how they can affect a car accident claim.
Florida’s pre-existing injury law is as follows:
Eggshell Plaintiff Doctrine
In Florida, the legal principle of the “eggshell plaintiff” doctrine applies. This doctrine means that if you had a pre-existing injury or condition that was aggravated or made worse due to the car accident, you can still seek compensation for the exacerbation of that injury. In other words, the at-fault party is responsible for the harm they caused, even if your pre-existing condition made you more susceptible to injury.
Causation and Expert Testimony
To successfully claim compensation for the aggravation of a pre-existing injury, you’ll need expert medical testimony. Medical professionals must provide clear evidence that the accident directly caused the worsening of your pre-existing condition. This may involve medical records, diagnostic tests, and expert opinions.
Insurance Adjuster Challenges
Insurance adjusters may attempt to minimize or deny your claim by arguing that your injuries were primarily due to your pre-existing condition rather than the accident. This is where strong medical evidence and legal representation become essential.
Diminished Value
Another aspect to consider is the diminished value of your pre-existing condition. If your injury worsens due to the accident, you may not only seek compensation for medical expenses but also for the diminished quality of life and increased pain and suffering resulting from the exacerbation.
Comparative Negligence
Florida follows a comparative negligence system. This means that even if you had a pre-existing injury, you can still recover damages, but they may be reduced based on your percentage of fault. If the accident worsened your condition, the responsible party is still liable for their share of the damages.
Florida’s pre-existing injury law allows individuals with prior medical conditions to seek compensation if their injuries were aggravated by a car accident. However, establishing causation and providing clear evidence are critical for a successful claim. Legal representation from an experienced car accident lawyer can significantly improve your chances of recovering the compensation you’re entitled to.
Contact Us Today
If you find yourself in this complex situation, don’t hesitate to reach out to the dedicated car accident lawyers at Friedland & Associates. We offer free consultations to discuss the specifics of your case. Your health and well-being matter, and with the right legal representation, you can secure the compensation you deserve. Contact Friedland & Associates today to explore your options and take steps toward recovering the compensation you’re owed.
