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Miami Injury Lawyer > Blog > Car Accidents > How Your Pre-Existing Injury May Affect a Car Accident Claim in Florida

How Your Pre-Existing Injury May Affect a Car Accident Claim in Florida


You may end up with a serious injury after an auto accident in Miami or other parts of Florida. Your injury may result in unbearable medical expenses on top of lost wages, pain and suffering, and other excruciating consequences.

Fortunately, there is a way to seek compensation through the at-fault driver’s insurance company. However, your attempts to obtain compensation after a car crash may be futile if the insurance company suspects that your injuries are from a pre-existing medical condition.

If the insurer argues that your injuries stem from a pre-existing condition, they may offer an unreasonably low settlement offer or deny your personal injury claim altogether.

What is a Pre-Existing Condition in a Florida Personal Injury Case?

Any medical condition, injury, illness, or physical limitation that you had or was known before the car accident is considered “a pre-existing condition.” For example, if you suffered a traumatic brain injury in a slip and fall accident years before the vehicle crash, you have a pre-existing condition that may make it difficult to recover damages for the brain injury caused by the recent auto accident.

While your attempts to argue that the car crash caused your pre-existing condition may be unsuccessful, you can still demonstrate that the accident worsened or aggravated that condition.

Why You Must Disclose Your Pre-Existing Injuries

Many car crash victims believe that they can get away with concealing their pre-existing condition by simply not telling the insurance company that it exists. However, failing to disclose your pre-existing medical condition can not only complicate the claims process but may also result in the denial of your claim. This may lead to unnecessary insurance coverage disputes.

In fact, you are more likely to obtain compensation if you are upfront about a pre-existing condition and have strong arguments proving that the recent accident aggravated it. This can be done by receiving medical attention immediately after the accident to obtain documentation that proves that your pre-existing condition has been worsened.

Also, document any lifestyle changes that happened as a result of the most recent accident and any losses that would not have otherwise existed had the crash not occurred.

Speak with a Miami Car Accident Attorney if You Have a Pre-Existing Injury

While it is critical to discuss your car accident case with a skilled lawyer after any car accident, the importance of receiving legal advice is greater if you have a pre-existing condition. After all, an insurance company is more likely to deny or minimize your claim if you have any pre-existing conditions or injuries.

A knowledgeable Miami car accident attorney by your side will assert your right to obtain fair compensation if the crash worsened your pre-existing injury and will prevent the insurer from using your pre-existing condition as an excuse to deny or minimize compensation.

Contact Pita Weber Del Prado to evaluate your claim and build a strong case to protect your rights prior to negotiating with insurance companies. Call at 305-670-2889 to schedule a consultation.


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