Recovering Damages In An Auto Accident If You Have Pre-Existing Conditions
It is estimated that each driver in the world is likely to get into an auto accident once in his/her life at the very least. As such, it comes as no surprise that nearly 250,000 auto accidents occur on a yearly basis in the state of Florida alone. Such accidents can be anything from light scratches to fatalities. It goes without saying that the accident claims tend to be complicated specifically when those who were involved in the accident suffered injuries. However, what makes claims even more complicated is when the individuals who were injured have pre-existing injuries or conditions prior to the accident.
What is a Pre-existing Injury or Pre-existing Condition?
A pre-existing injury or condition is an injury or medical condition which the victim of the accident already had prior to the auto accident that occurred. There’s a law regarding pre-existing injuries which states that they can’t be used as any injury claims once the accident has occurred, unless of course, the accident makes the injuries or conditions worse.
The Common Categories of Pre-existing Injuries
Pre-existing injuries or conditions may include shoulder, neck, and head injuries, herniated discs, spinal cord issues, degenerative disc disease, or arthritis. In the event it is proven that the general condition you had was worsened due to the accident, the driver who is at fault is likely to be held responsible.
The Insurance Companies’ Perspective
For those who have pre-existing injuries, the insurance company will try to argue that the injuries you suffered were not due to the accident, but they were rather due to your prior medical history. However, you should know that it isn’t the burden of the insurance firm to prove that your injuries weren’t a result of the accident and were pre-existing. It is actually the burden of the injured claimant to prove that their injuries got worse due to the accident.
In court or in a claim, the attorney you hire will need to prove that you deserve some sort of financial compensation since you were injured during the accident. The lawyer’s job in a pre-existing injury case is to prove (a) that the aggravated injury was caused directly due to the accident and (b) that your injury from this accident made your pre-existing condition worse.
Comparing Medical Records
There are typically not many benefits to having a pre-existing condition; however a competent and experienced Gainesville Personal Injury Attorney can review past and present medical records to determine whether or not the accident contributed to the claimant’s worsening condition. By providing a complete brief of your medical history and disclosing pre-existing injuries it can help your case significantly. A personal injury attorney can argue that your injuries contributed to your degrading condition and in turn made you more susceptible to future injuries.
If you have been injured due to someone else’s negligence and you need aggressive representation to take on the insurance company contact Laurie Mitchell today (352) 371-9828.