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Will My Pre-existing Injury Damage My Car Accident Injury Claim?


Many people have experienced an injury in their life that continues to affect them in some way. According to an analysis by the Department of Health and Human Services, approximately 50 to 129 million – up to half – of non-elderly Americans have some type of pre-existing health condition. These ongoing injuries or conditions may simply be a nagging annoyance on a day-to-day basis. However, pre-existing conditions can take on an entirely different role when the person being affected becomes involved in a car accident and wants to pursue a personal injury claim against the accountable party.

Let’s take a look at exactly how a pre-existing injury can affect a personal injury claim.

Understanding Pre-existing Conditions

Simply put in regard to a personal injury context, a pre-existing condition is a medical condition you had before you were involved in an accident. In some cases, an injury victim may have suffered a car accident injury on multiple occasions after being involved in multiple collisions. In other situations, prior injuries may be present that have nothing to do with the most recent car accident injury. Either way, when someone with a pre-existing condition incurs an additional injury as a result of an accident, Florida case law makes clear that he or she may decide to pursue legal compensation for those injuries if the accident was caused by someone else’s negligence.

How Pre-existing Injuries Can Affect an Injury Claim 

It is critical that anyone who is pursuing an injury claim discloses all pre-existing injuries or conditions of which they are aware up-front to their attorney. Even if you don’t immediately think you need to share something, it is best to make sure your legal advocate has access to this information and can therefore handle it appropriately. You should be aware that the insurance company will not hesitate to use any basis it can to reject your claim, and that includes if it can claim your injuries weren’t actually caused in the accident as you assert. Your attorney can only prepare to defend you in battles you make him or her aware of.

And even if your pre-existing condition was aggravated by an accident injury, keep in mind that one of the most important things that can make or break your injury claim is the medical evidence of record. Alerting your attorneys to your pre-existing injuries means they will only allow the insurance adjusters to access the relevant past medical records that have to do with the current body parts injured in your most recent car accident.

You should also know that pre-existing injuries can prevent your claim from proceeding altogether. An attorney may choose to reject someone who has pre-existing medical conditions to the same area of the body that was injured in the accident if it seems too entangled.

Overcoming Your Pre-existing Injury

If you are wondering whether your pre-existing condition could affect your personal injury claim, it is imperative that you communicate with an experienced legal team as quickly as possible. However, exactly how the legal team you entrust handles your pre-existing conditions will greatly affect the outcome of your personal injury claim. As the skilled West Palm Beach personal injury attorneys at The Pendas Law Firm, you can depend on us to help you effectively manage all details regarding financial recovery for your injuries in order to maximize your chances of obtaining appropriate compensation. Contact us today to begin securing your future with a free, no-obligation consultation.

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




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