Florida Car Accident Claims and Pre-Existing Conditions: What You Need to Know

Florida Car Accident Claims

If you are involved in an accident on one of Florida’s roadways, your first concern will likely be your physical pain. However, if you are hurting everywhere, it may be difficult to separate your new injuries from a medical condition you had in the past.

Unfortunately, the force and impact of an accident can aggravate a pre-existing injury – even one from years or even decades in the past. Even worse, the aggravation caused may be worse, more painful, and longer lasting.

While you may expect that bodily harm is going to be covered by an injury claim, you may meet stiff opposition from the responsible person’s insurance company and the attorneys they hire. You need to speak with a car accident attorney in Florida to know what options you have to get the compensation you deserve.

You can also keep reading to learn how pre-existing conditions may affect your rights.

Pre-Existing Conditions that are At-Risk for Reinjury

Virtually any ailment can be made worse if you are involved in a car accident. While this is true, there are some that are more common than others. You may be at risk of a reinjury if, at some point in your past, you suffered from any of the following injuries:

  • Soft Tissue Injuries: Whiplash is one of the top injuries that victims suffer during an auto accident. During a second accident, the discomfort and pain may persist longer.

  • Broken Bones: You may not notice this because you think you are completely recovered, but there are some fractures that are never completely healed. These are weakened points that will remain, even years down the road. It’s these areas that are more susceptible to being damaged again when you are involved in an accident.

  • Spinal Cord Injuries: Your nerve networks, contained in the spinal cord, may be reinjured if you have had problems in the past. You are much more likely to suffer paralysis in an accident compared to someone who doesn’t have a previous injury.

  • Back Injuries: The violent force that occurs during a car accident will put a huge amount of stress on your body, especially your back. The muscles, tissues, and bones are much more delicate if they have been injured in the past, and therefore more likely to be injured.

The Effect of Pre-Existing Conditions on Your Car Accident Claim

When you attempt to get compensation for the injuries you have suffered, you have to file a claim with the insurance company for the responsible driver. Receiving the monetary damages, you deserve is always going to be challenging, but you can expect there will be additional pushback when you have some type of pre-existing condition.

Remember, the goal of any claim’s adjuster is to pay you as little as they can to protect their company’s bottom line. As a result, they may use your prior injury or ailment from your past as a reason to deny your claim and pay you less than what is fair, making the argument that your claim is prohibited based on the four-year statute of limitations law on the books in Florida.

Hire an Attorney for Help

If you have a pre-existing condition that has been aggravated due to a recent car accident, you deserve to receive compensation for the injuries you sustained. To learn more about your options, contact our legal team at Fetterman & Associates by calling 561-845-2510.

Additional Reading

Top 5 Causes of Brain Injuries