Pre-existing Conditions and your Florida Car Accident Case

— August 12, 2023 —

As the victim of a car crash in Florida, your first concern is often the physical suffering that you experience right after the accident. However, you may not be able to differentiate your latest injuries from a previous medical condition while you are hurting all over. Unfortunately , the effects of a collision can quickly exacerbate a pre-existing condition from years or decades earlier. Worse, this could be much more difficult and long-lasting the second time around.

A male doctor explaining lumbar anatomy to female patient complaining of pre-existing back pain at medical clinic
A male doctor explaining lumbar anatomy to female patient complaining of back pain at medical clinic


Although you may expect any physical harm to be covered by your personal injury claim, you can face strong resistance from the insurance carrier responsible for the driver and from the attorneys they employ. You can discuss the specifics with a Florida car accident lawyer, but you can also read on for some information about how pre-existing accidents can impact your rights.


Pre-existing Health Issues Most at Reinjury Risk: Nearly every ailment in a car accident may be aggravated, but some are more severe than others. You may be at risk of reinjury if you have suffered at any point in the past:

Back Injury: The traumatic impact associated with a car crash puts a huge strain on the whole body , especially the back. The bone, muscles, and associated tissues are key structural elements, but if they have endured prior trauma they are more fragile.


Spinal Cord: If you have complications in the past, the nerve networks inside the spinal cord are susceptible to reinjury. In a car crash, you are more likely to be paralysed compared to those with a healthy health history.


Fractured Bones: You might not realize it because you think you have healed completely, but many fractures never fully heal. Weakened points still exist, even years later. Such areas are much more vulnerable to the effects of a motor vehicle crash being destroyed once again.


Soft tissue damages: Whiplash is one of the most common injuries sustained by victims of an car crash. The pain and discomfort of a second accident will last a lot longer.


How a Pre-Existing Injury impacts an Existing Car Accident Claim: You must make a claim with the insurance provider responsible for the driver so you can receive coverage for the injuries. Obtaining the monetary benefits that you deserve will always be daunting, but when you have a pre-existing injury, you should expect even more pushback. The claims adjuster ‘s objective is to pay out as little as possible, thus safeguarding the firm’s bottom line. Such workers frequently cite an accident or ailment from your history as reasons for denying your claim or paying less than what is reasonable, frequently claiming that your claim is barred by Florida’s four-year limitation statute.


Trust a lawyer in Florida for car accidents to resolve difficulties
When in a car-collision and you exacerbated a pre-existing medical condition, you could increase the rehabilitation period, or even cause permanent disability. Considering the challenges in obtaining the compensation you deserve for your damages, including the reinjury, it is important to retain a skilled attorney who can work on your behalf. 

 If you find yourself the victim of someone else’s negligence, because they failed to drive with care, please contact the Law Firm of Brian S Brijbag at (352) 358-5880 for a free case consultation. 

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Disclaimer

For the general public:  This Blog/Web Site is made available by the law firm publisher, The Law Firm of Brian S Brijbag PLLC, for educational purposes.  It provides general information and a general understanding of the law, but does not provide specific legal advice. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction.

For attorneys:  This Blog/Web Site is informational in nature and is not a substitute for legal research or a consultation on specific matters pertaining to your clients.  Due to the dynamic nature of legal doctrines, what might be accurate one day may be inaccurate the next.  As such, the contents of this blog must not be relied upon as a basis for arguments to a court or for your advice to clients without, again, further research or a consultation with our professionals.

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