Will an Existing Injury Help or Hurt Your Personal Injury Case?
We’ve been involved in an accident at least once during our lives. It doesn’t have to be a car accident—it could have been a slip and fall accident, an accident at home or at work. We are only human, and we make mistakes. Most of us think of an accident just like what it is: an accident.
Here are some questions you should ask yourself:
What if you were involved in some kind of accident when you were hurt or had to take time off work to see a doctor because of someone else?
What if you were hurt in an accident years ago and then you were later involved in another one that aggravated a preexisting medical condition or injury?
Can you prove someone else was the fault and root cause of your accident?
- What are your rights?
When you suffer personal injuries due to a car accident, a slip and fall accident, or a malfunctioning product, you may be able to recover damages if you can prove that the person or company responsible for your injuries was negligent in some way.
But you first must be able to prove it.
The Process for a Preexisting Medical Condition
Our legal process in Florida can be stressful, time consuming, and complicated. Therefore, it is always advisable to hire a reputable, experienced Daytona Beach personal injury attorney to alleviate some of this burden and to guide you through the process—especially if you were involved in an accident that aggravated a preexisting medical condition or injury.
Visit here to learn more about how a Daytona Beach personal injury attorney can help you.
While you may feel that a condition you have been dealing with prior to you accident should have any impact on your personal injury claim, it is a complex matter that simply isn’t that black and white.
Learn more about preexisting medical conditions in Florida.
How Can a Preexisting Medical Condition Impact Your New Personal Injury Case?
Here are a few things you should know about how a preexisting medical condition can impact your current personal injury case.
1. The Backbone of Your Claim – Even if your personal injuries are new and completely separate from any preexisting medical conditions, the preexisting condition is still relevant to your new case.
For example, if you are in a car accident that causes you severe back pain and problems with your back or spine, you may be compensated for these injuries.
However, if you were treated for back problems before your accident, the insurance company will likely argue that your new back injuries are not entirely “new”; they may argue this fact.
This will all come down to medical evidence, but your medical history may not prove to be relevant to your current case.
2. Don’t Try to Hide It – It is inevitable that the insurance company will find out about your preexisting medical condition, so don’t try to hide it.
Once you claim that a defendant caused you personal injury and that you are seeking financial compensation, your medical history essentially becomes an open book and is considered fair game (going back for a reasonable period of time).
3. Will it Help or Hurt? The nature and length of your treatment for your preexisting medical condition may help or hurt your current personal injury case.
Referring back to the injured back example, if you received steroid injections, pain management, and physical therapy before the accident, then this may help the defendant’s claims that your injuries aren’t new and necessarily a direct result of the most recent accident.
Moreover, if you received medical treatment for your back condition ten years ago as opposed to three months before the accident, this might also be relevant. It is also important to note that any x-rays, MRIs, or CT scans taken before the accident will be scrutinized and compared with any scans taken after the accident.
Therefore, medical evidence, including your medical records and possibly your physician’s testimony, will be very crucial in negotiating a settlement in your current case.
4. No Surprises! Do not hide anything from your personal injury attorney! You have hired him or her to help—so let them! If you have a pre existing medical condition, it is important to tell your attorney—even if you think it’s irrelevant.
If your attorney has all of the facts ahead of time, then he or she prepare for and negotiate an appropriate settlement for your case.
Your Dayton Beach personal injury attorney isn’t like your girl or boyfriend—he or she doesn’t like surprises!
5. Getting to the Bottom Line – You should be prepared that preexisting medical conditions may affect the bottom line in your personal injury lawsuit.
Although it may not be your fault that you were injured in a personal injury accident nor that you were injured in the past, the unfortunate reality is that past medical conditions may lower any potential settlement you could receive.
Read more about personal injury accidents and working with a Florida personal injury attorney.
Don’t Be Afraid to Ask a Daytona Beach Personal Injury Attorney For Help—That’s What We Are Here For!
If you are injured in a personal injury accident, and you have a preexisting medical condition, then your lawsuit may be more complex. Therefore, it is recommended that you hire a personal injury attorney with experience handling claims that involve such preexisting conditions.
Watch this video to find out what you can do after an accident in Florida, and how a Daytona Beach personal injury attorney can help you with a complex personal injury case.
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