Common Pre-Existing Conditions That Can Be Aggravated by a Car Accident
Many people are worried that if they have a pre-existing medical condition or injury, they cannot recover compensation after being involved in a Florida car accident. Often, insurance companies try to use pre-existing conditions against claimants, but according to Florida law, having a pre-existing condition does not automatically bar you from receiving compensation. You are still eligible to recover compensation if your pre-existing condition was aggravated or worsened because of another party’s negligence.
A car accident can exacerbate a wide range of pre-existing conditions. Below are some of the most common pre-existing conditions that can be aggravated by a car accident in Florida.
- Back Issues
Among the most common pre-existing conditions that can worsen in a Florida car accident are back issues. Conditions such as chronic back pain, herniated discs, or degenerative disc disease can be significantly exacerbated by a car accident. Even if you previously managed your symptoms, a car crash can trigger severe flare-ups, making it hard for you to work or perform daily activities.
- Neck Problems
Pre-existing neck problems like herniated discs, cervical arthritis, chronic neck pain, or whiplash can be exacerbated in a car accident. Rear-end collisions are a leading cause of neck injuries like whiplash. Head-on collisions and T-bone accidents can also lead to a wide range of neck injuries. These accidents can cause pre-existing neck injuries to worsen.
- Traumatic Brain Injuries (TBIs)
People with previous traumatic brain injuries (TBIs) are at a significant risk of being re-injured. Even a seemingly minor crash can result in serious complications, such as migraines, mood disorders, memory loss, and difficulty concentrating.
- Arthritis
Arthritis is a medical condition that affects the joints. This condition can cause pain, stiffness, swelling, and other symptoms. While arthritis itself is not caused by accidents, trauma from a crash can aggravate this condition. Pain, stiffness, swelling, and other symptoms can worsen after a car crash.
- Broken Bones
Previously fractured bones are more vulnerable to re-injury in a car accident. A car crash can cause a healing fracture to reopen or worsen. Considering car accidents are a leading cause of broken bones for healthy people with no prior bone injuries, there is a high chance for people with pre-existing broken bones to be re-injured.
What Florida Law Says About Pre-Existing Conditions
In Florida, the law recognizes that many people have conditions that make them more susceptible to injuries. The law allows these people to recover compensation if another party’s negligence causes a car accident that worsens or aggravates their injury. According to the “eggshell skull rule”, a person is responsible for the consequences of their negligent actions, regardless of the injured individual’s vulnerability.
However, insurance companies are rarely willing to compensate claimants with pre-existing conditions. Often, they will argue that a plaintiff’s injuries are unrelated to the accident. That is why it is crucial to work with a skilled attorney. An attorney can help you gather enough evidence to prove that your condition was worsened by the accident. They can advocate for full compensation under the law.
Contact a Tampa Car Accident Attorney
If you’ve suffered an aggravation of a pre-existing condition in a car accident, contact our Tampa car accident attorneys at The Pendas Law Firm for help fighting for the compensation you deserve.
The Pendas Law Firm also represents clients in the Fort Myers, Fort Lauderdale, Ocala, Miami, Jacksonville, Orlando, Bradenton, Daytona Beach, West Palm Beach, Naples, and Melbourne areas.