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How Can a Pre-Existing Injury Affect Your Personal Injury Claim?

As the victim of a Florida vehicle car accident, your very first concern in the aftermath may be the physical discomfort. When you’re hurting all over, you might not be able to separate your existing injuries from some medical conditions from the past. Regrettably, the impact of a crash can easily exacerbate a pre-existing injury from years or decades back. Worse, the second time around can be a lot more unpleasant and long-lasting. If somebody else played a role in causing your injury, it just seems fair that said person be held accountable for any losses you suffer due to the injury. The law enables even at-fault individuals to avoid liability in part or even completely, when particular defenses are applied.

While you may anticipate that any physical harm will be covered by an injury claim, you’re most likely to encounter stiff opposition from the opposing side’s insurance provider and their legal representatives they hire. You should speak with a Florida car accident attorney to learn more, but you are welcome to keep reading this blog post to learn more about pre-existing injuries and how they can affect your rights. Nearly any injury can be worsened in a car accident, however there are some that are more typical than others. With back injuries, the violent force associated with an auto crash puts massive stress on your entire body, particularly the back. The bone, muscles, and related tissues are main structural parts, however they’re more fragile if they’ve sustained previous trauma. For those with previous spine injuries, the nerve networks within the spine are subject to re injury when you’ve had problems in the past. You’re more likely to suffer paralysis in an automobile accident as compared to somebody who has never been injured before. For those of you who have had broken bones in the past, just because you think you’ve completely recovered, you should know that lots of fractures never ever heal completely. There are weakened points that can flare up if they are re injured in the event that you are involved in a car accident.

When you want to obtain compensation for your injury, you will likely file a claim with the responsible driver’s insurance company. Getting the monetary damages, you deserve can be difficult. Even more so when you have a pre-existing injury. Remember, the goal for an insurance claim adjuster is to pay as little as possible, thus protecting the insurance company’s bottom line. Adjusters will frequently bring up an injury or condition from your past as grounds to deny your claim or pay less than what’s reasonable, often arguing that your claim is barred by Florida’s four-year statute of restrictions. Another commonly employed defense tactic is to minimize the amount of damages payable to the plaintiff by alleging and showing that his or her injuries were not really a result of the accident. In order to show that the plaintiff’s injuries were pre-existing, the opposing side will rely on medical records and testimony from doctors. It is for this reason that defense lawyer and insurance companies request medical records from the injured victim for numerous years leading up to the mishap. The defendant’s agents will comb through the medical records, trying to find any evidence that the victim previously looked for treatment for the very same injury. However, your personal injury claim will not fail simply because you may have had a pre existing injury.

Although in most cases, you cannot collect damages for any condition that existed before the conduct causing the injury took place, you are entitled to damages for physical or mental conditions that were made worse. In these scenarios, your pre existing injury could either negatively or favorably affect your personal injury claim.

Contact an Experienced Miami Personal Injury Attorney

Let the personal injury attorneys at Suarez & Montero review your case and explain your legal rights. Our team of lawyers have represented clients who have been injured in all types of accidents and are ready to provide proven legal representation in pursuing your claim. At Suarez & Montero, we have extensive experience representing victims and can protect your rights and help you recover the compensation you deserve. You can trust us to be by your side, every step of the way. Contact the accident injury attorneys at Suarez & Montero and ask about receiving a free consultation so that we can see how we can help you with your car accident claim. Our skilled injury lawyers have the experience necessary to handle all aspects of your case!