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How Florida Car Accident Claims Work When You Aggravate a Pre-Existing Condition


As the victim of a Florida car accident, your first concern in the aftermath is the physical pain. However, when you’re hurting all over, you may not be able to separate your current injuries from some medical condition from the past. Unfortunately, the impact of a crash can easily aggravate a pre-existing injury from years or decades ago. Worse, the second time around can be even more painful and long-lasting.

While you might expect that any bodily harm will be covered by an injury claim, you’re likely to encounter stiff opposition from the responsible driver’s insurance company and the lawyers they hire. You should talk to a Florida car accident lawyer about the details, but you can also read on for some information about how pre-existing injuries can affect your rights. 

Pre-Existing Conditions Most at Risk of Reinjury: Almost any ailment can be exacerbated in a car accident, but there are some that are more common than others. You could be at risk of reinjury if, at some point in the past, you suffered from:

  • Back Injury: The violent force associated with an auto crash puts enormous strain on your entire body, particularly the back. The bone, muscles, and related tissues are primary structural components, but they’re more delicate if they’ve sustained previous trauma.
  • Spinal Cord: The nerve networks within the spinal cord are subject to reinjury when you’ve had issues in the past. You’re more likely to suffer paralysis in a car accident as compared to someone with a clean bill of health.
  • Broken Bones: You may not notice it because you believe you’ve fully recovered, but many fractures never heal completely. There are weakened points that remain, even years later. These spots are much more susceptible to being damaged again in the impact of a motor vehicle collision.
  • Soft Tissue Injuries: Whiplash is among the top injuries victims suffer in an auto crash. In a second accident, the pain and discomfort may last much longer.

How Pre-Existing a Condition Affects a Current Auto Accident Claim: When you seek compensation for your injuries, you’ll be filing a claim with the responsible driver’s insurance company. Getting the monetary damages you deserve can always be challenging, but you can expect even more pushback when you have a pre-existing condition. The goal of the claims adjuster is to pay out as little as possible, thereby protecting the company’s bottom line. These employees often cite an injury or ailment from your past as grounds to deny your claim or pay less than what’s fair, often arguing that your claim is barred by Florida’s four-year statute of limitations. 

Trust a Florida Car Accident Attorney to Overcome Challenges

If you aggravated a pre-existing medical condition in an auto collision, you could prolong the recovery period or even cause permanent disability. Considering the obstacles in getting the compensation you deserve for your losses, including the reinjury, it’s important to retain a skilled lawyer who will advocate on your behalf. To learn more, please contact the Florida car accident lawyers at Freidin Brown, P.A. to set up a no-cost consultation. We can provide personalized information after we know more about your circumstances.

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