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How Pre-Existing Conditions Could Affect Your Personal Injury Case

There is a saying that is important to revisit from time to time: “Nobody is perfect.” Though a simple way of highlighting the fallibility of even the best of us, it also works perfectly for something a bit more litigious. As we know, personal injuries are unfortunately a common occurrence and require us to take a look at the impact that an accident has on a person. But as they say, “nobody is perfect.” Pre-existing conditions, including prior injuries or illnesses, are a major consideration in personal injury cases.

But do pre-existing conditions automatically mean you will receive less-than-adequate compensation for your personal injury claim?

Pre-Existing Conditions: What You Need to Know

Your knee-jerk reaction to having a pre-existing condition while seeking compensation for a personal injury may be that it is nothing but bad news for your claim. If you had back pain prior to an accident, you cannot claim it was caused by the other party’s recklessness, right? Well, yes and no.

In Florida, you cannot receive compensation for injuries that were not directly caused by the accident in question. However, if the accident directly resulted in the pre-existing conditions worsening or being aggravated, then they can be considered in your compensation.

To help contextualize, let us say a middle-aged woman named Mary deals with chronic back pain. Mary, unfortunately, suffered a sports injury in college that resulted in her dealing with occasional but recurring back pain. On the drive to her local grocer, Mary is involved in an accident when the other driver, distracted on his phone, missed a stop sign. If Mary leaves that accident with daily back pain, neck pain and other issues, the increased frequency and intensity of her back pain, as well as the other injuries, can and should be considered in her compensation.

Understand that the other party’s insurance company has one goal in mind, and it is certainly not to grant you the compensation you deserve. Though they may be cordial, even friendly, do not speak to them without first speaking to a personal injury attorney. When speaking to your attorney, be sure to inform them of all pre-existing conditions. Even the most minor conditions could affect your case and should be shared with your attorney.

We understand that fighting for adequate compensation can feel like an uphill battle, especially if you are afraid that pre-existing conditions could affect your claim. You do not have to fight alone, however. Our team of personal injury attorneys is ready to help when you need it most.

If you have unfortunately been injured, please do not hesitate to contact us to speak to an attorney at 407-841-7699. For additional resources, keep checking our blog, LIKE us on Facebook and follow us on Twitter for more helpful hints and to always be informed about best practices when it comes to personal injury.

 

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Wieland & DeLattre
226 Hillcrest St.
P.O. Box 944
Orlando, FL 32802

Phone: 407-841-7699
Phone: 321-639-4777
Fax: 407-841-2084
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