Sustaining an injury while suffering from a pre-existing condition, can be catastrophic and ultimately life-changing. New injuries can worsen pre-existing conditions and can even influence your ability to recover. As a result, if you’ve been hurt in an accident and have a pre-existing condition, you should contact an experienced Florida personal injury attorney to see if you’re eligible for compensation through a personal injury claim. Pre-existing conditions can influence personal injury claims in Florida, as explained below.
How Insurance Companies Treat Pre-Existing Conditions for Personal Injury Claims
When it comes to personal injury claims, an insurance company will normally inquire as to whether the claimant had any pre-existing conditions at the time of the incident. Pre-existing conditions include physical, mental, or emotional conditions the claimant had before the accident. In a personal injury case, pre-existing conditions are significant because they affect the number of damages a plaintiff can recover.
Unfortunately, insurance companies may take advantage of pre-existing conditions to reduce or deny the value of an injured party’s claim. In other words, if an insurance company discovers evidence of a pre-existing condition in an injured person, they may use it to reduce the amount of money they payout.
As a result, you should never contact an insurance company after an injury without first consulting a qualified personal injury attorney. Despite the fact that insurance companies may try to use a pre-existing condition against you, a person who has been injured should never try to hide or minimize a pre-existing condition. In fact, it is sometimes easier for injury victims with a documented history of medical treatment to demonstrate that their injury was caused by the accident than it is for individuals who do not see a doctor regularly. Furthermore, thanks to the eggshell plaintiff rule, people with prior conditions can still claim for damages if they are involved in an accident.
The eggshell plaintiff rule is a legal principle accepted in several states, including Florida, that holds a reckless party liable for the full extent of a plaintiff’s injuries, even if the degree of injury he or she suffered was greater than the typical person would incur. In other words, even if an injury aggravates or worsens a pre-existing condition, the victim may be entitled to compensation for their injuries. As a result, people with pre-existing injuries should never be reluctant to seek legal help if their ailments worsen as a result of an accident.
Contact Law Offices of Leonard J. Valdes
It can be difficult to understand your rights if you were injured in an accident but had a pre-existing condition that caused you to suffer more harm than the average person, thus, it is critical to retain an experienced personal injury attorney who can protect your rights and help you obtain the compensation you deserve.
Since 2010, we have been serving the residents of South Florida. If you or a loved one has been injured in an accident in the cities of Miami, Homestead, or Hialeah, we are here to help you obtain the compensation you deserve. Please call our office at 305-567-0910 as soon as possible to schedule a consultation with one of our experienced attorneys.