Can a Pre–Existing Condition Hurt My Personal Injury Case?

Part of the reasoning behind the medical records request is to determine which of your injuries were a result of the accident and which were pre-existing conditions. Many individuals suffer from an accident or incident at some point in their life, some major and some minor. One of the most common ways for an insurance company or attorney to prove their client isn’t liable is through medical records. 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. A major question of liability arises when a second accident or incident happens that worsens a prior injury or condition. Fortunately, Florida has addressed the issue of liability by applying the “eggshell skull doctrine” to personal injury claims. In general, this doctrine applies to all personal injury claims, and it states that the relative frailty of the injury victim is not a valid defense against a claim.

After a car accident, insurers of the at-fault party will work to try to pay as little as possible for your claim, including attempting to prove your injuries were not caused by the accident or minimizing their severity. In general, the victim in a personal injury case isn’t entitled to receive payment for injuries and conditions that are unaffected by an accident. They are, however, entitled to receive compensation for pre-existing conditions to the degree that the accident made them worse. This is known as exacerbation or aggravation of pre-existing conditions, and victims may be able to receive compensation not only for physical ailments and injuries, but also mental health conditions like anxiety and depression.

As you work with your personal injury attorney, it’s important to disclose any prior injuries, even if you feel that they are not relevant or were very minor. By understanding your overall health picture, your attorney can mount the best case to ensure that you receive fair compensation. The insurance company will attempt to gain access to all your medical records to defend against your claim. Your personal injury lawyer can fight to protect your privacy and only have relevant information released to the insurer.

The attorneys at the Law Offices of Suarez & Montero are ready to assist you with your personal injury claim following a vehicle accident. To schedule your consultation, please contact us at 786- Lawyers!