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Can a Pre-Existing Injury Hurt My Car Accident Case?

Mar 06, 2018
Shamis & Gentile, P.A.
Miami Car Accident

After a Miami car accident , defense attorneys and insurance adjusters will carefully examine your accident claim in an attempt to deny or devalue your claim. Even though you were injured, they will always scrutinize you, your behavior, and any facts pertinent to the claim in order to find any reason possible to blame you rather than show their client is liable for your losses. A review of your medical records is one of the most common ways for an insurance company or Miami car accident lawyer to devalue your claim. They will look for pre-existing conditions or injuries in your medical history and argue that all or some of your damages are not eligible for compensation.

What is a Pre–Existing Injury?

When you have past medical injuries or conditions and are subsequently injured in a new Miami car accident , the injury you had prior to that accident is referred to as the pre-existing condition. Pre-existing injuries and conditions will always be considered in a car accident claim. Some examples of pre-existing conditions can include:

  • Herniated discs
  • Injuries to your neck, shoulders, knees, etc.
  • Asthma
  • Arthritis
  • Congenital conditions
  • How Pre–Existing Injury Impact Your Accident Case

A pre-existing injury can affect how much you are compensated for under Florida law. Sometimes you may have a lesser amount awarded to you, but that does not mean the defendant will not pay anything. In rare cases, the defendant may be deemed not liable and free from any damages. Other times, pre-existing conditions have no impact and the defendant is still 100 percent liable for your Miami car accident injuries. Florida law uses “causation” to help determine how pre-existing conditions impact your new injuries. If you were hurt in any way that is independent from your pre-existing injury or the accident aggravated a pre-existing injury, you cannot be prevented from recovering damages.

Contact a Miami Car Accident Lawyer

After any car accident, motorcycle accident, slip and fall accident, contact South Florida Injury Attorneys as soon as possible in order to ensure that your legal rights are protected. Whether you have been injured in a car accident, slip, trip, or fall, we will aggressively protect your right to be compensated for your injuries. Call our office at (305) 479-2299 to schedule your free consultation with an experienced Miami car accident lawyer. Our personalized service, highly-skilled attorneys, and friendly staff will ease the burden after an accident so that injury victims can focus on their recoveries.

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