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Can I Be Compensated For A Pre-Existing Condition After A Florida Car Accident?


Did you get into a Florida car accident because of another person’s negligence yet you have a pre-existing condition? If so, the chances are, you are asking yourself if you can recover compensation from the at-fault party. Well, the good news is that, in Florida, a pre-existing condition does not automatically disqualify a car accident victim from recovering compensation. However, a pre-existing condition can affect the outcome of your personal injury claim. Because of this, it is crucial that you retain a skilled personal injury attorney to increase your chances of recovering compensation if your case involves such a condition.

What Is a Pre-Existing Condition?

A pre-existing condition is any type of injury, health issue, or medical condition that existed before your accident. Some examples of pre-existing conditions include, among many others, the following:

  • High blood pressure
  • Heart conditions
  • Anxiety
  • Epilepsy
  • Back injuries
  • Shoulder injuries
  • Knee injuries

How a Pre-Existing Condition Can Impact Your Compensation Award

Car accident victims in Florida are entitled to be made “whole” by being awarded the compensation they deserve. However, a pre-existing condition can complicate matters. Generally, an at-fault individual will not be held liable for any damage they did not cause. In other words, if after your car accident, your pre-existing condition is the same as it was before the at-fault party caused your accident, the at-fault party will not compensate you for your pre-existing condition. However, if your pre-existing condition worsened after the at-fault party caused your accident, you can recover compensation. In short, if you suffer increased medical expenses, pain and suffering, and other types of losses that you wouldn’t have suffered had it not been for the accident, you can recover compensation from the at-fault party. Often, pre-existing conditions are aggravated in car accidents.

The Insurance Company Will Try To Scare or Trick You

Insurance companies know car accidents often make pre-existing conditions worse. They also know that a car accident victim is entitled to recover compensation from an at-fault party who causes their pre-existing condition to worsen. However, insurance companies still scare and trick accident victims into accepting less than they deserve despite knowing this. Even if it is obvious that your pre-existing condition worsened after your accident, you can be sure that the at-fault party’s insurance company will try to scare or trick you into accepting an unfair settlement. Expect the insurance company to use your condition against you and claim that it is not responsible for compensating you for a condition that existed before the accident occurred.

Fortunately, if a car accident worsened your pre-existing condition, an attorney can help you fight back against an insurance company that tries to use your pre-existing condition again you.

Don’t Hide Your Pre-Existing Condition

If you were in an accident and still haven’t disclosed your pre-existing condition, it is crucial that you do so as soon as possible. It is advisable that you tell your lawyer about your pre-existing condition and then allow them to disclose the information to the insurance company. Even though you need to be honest with the insurance company, you also don’t want to risk oversharing.

Contact an Orlando Personal Injury Attorney

An experienced Orlando personal injury attorney at The Pendas Law Firm can help you recover compensation for a pre-existing condition that got worse after an accident. Contact us today to schedule a consultation.

The Pendas Law Firm also represents clients in the Miami, West Palm Beach, Daytona Beach, Jacksonville, Tampa, Fort Myers, Ocala, Bradenton, and Fort Lauderdale areas.

Read What Others Have To Say About Us

  • “I'm very happy with this firm... Joel is an excellent attorney and Carolyn is an amazing paralegal, After been ditched from another law firm, Pendas took care of me and they won my case. I recommend them 100%...” - Jacksonville -

    Maria Pastor
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    Shantelle Blackwell
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    Carlos Guadalupe
  • “The Pendas Law Firm was amazing! They are very kind, professional, and hard-working! They always kept me informed. Larry Trias was great to work with! I always recommend Pendas to family and friends. Thank you for helping me with my case!” - Fort Myers -

    Heather Pepper
  • “Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Their staff speaks Spanish and you feel like family.” - Orlando -

    Ian Brito
  • “I would definitely recommend this firm. The staff really helps you and they actually show you that they care, especially Siomara Roldan. She has been a great help for my family and myself, she is always helpful with any questions.” - Tampa -

    Wilmer D Santana Rodriguez
  • “Pendas is the best! The paralegals are very attentive to your case, knowledgeable, and communicative! The attorney also won’t just be there the day of your sign up, but all throughout the process as needed. I truly recommend Pendas!” - Orlando -

    Ben Fitzgerald