Can a Pre Existing Condition Hurt Your Personal Injury Case

27 Aug
personal injury case in orlando

Can a Pre Existing Condition Hurt Your Personal Injury Case

It happened. You got into a car accident. No matter how safe you were on the road, the other car managed to hit you. Now you are flooded with medical bills, and the accident wasn’t even your fault. You are worried to file for a personal injury case because what if your pre-existing condition hurts your argument? Us at Injury Assistance Law Firm are here to help. Our Orlando personal injury lawyer office will give you the representation and advice you need to get you closer to your compensation.


Will It Hurt My Case?

After the accident is over, defense attorneys and insurance adjusters will carefully examine your accident claim. They will look in order to defend the argument that their client is not responsible for your injury. They will look at you, your behaviors, and any facts that are pertinent to the claim made. If you are injured, they will still examine you as if you were guilty. They are trained to look for every reason to blame your and make you guilty. The goal for them is to make their client not liable for your losses.


Insurance companies will begin this process by looking into medical records. During this time, they will become aware of your pre-existing condition or injuries in your medical history. This will make them argue that some or all of your damages are not eligible for compensation.


What Pre-Existing Conditions Are Involved in a  Personal Injury Case

When an individual has past medical injuries or conditions when getting hurt in a new accident, the injury you had before that accident is referred to as a pre-existing condition. No matter what, pre-existing conditions and injuries will always be considered in an accident claim. Some of these conditions can include:

  • Asthma
  • Arthritis
  • Congenital conditions
  • Herniated Disks
  • Injuries to your neck, shoulders, knees, etc.


It Can Affect Your Accident Case

Even though it unfair, unfortunately, your preexisting condition may affect your case. It will change how much you will be compensated for under Florida law. Sometimes you may earn a lesser amount awarded to you, but that does not mean the defendant will not pay anything. It is rare, but still possible; the defendant may be deemed not liable and free from all damages. Other times, pre-existing conditions have no impact and the dependent is responsible for all costs. This situation is the best possible outcome.


Florida law uses causation to help determine how a pre-existing injury affects your new injuries. If you were hurt in any way that is independent of your pre-existing injury or the accident aggravated a pre-existing injury, you could not be prevented from recovering damages. An Orlando personal injury lawyer will help you understand what steps to take.


Call Us Today For More Information

Here at Injury Assistance Law Firm, we are here for you and will get you your the advice you need in regards to your pre-existing condition or injury. Your personal injury case is our priority. Our accident attorney is dedicated to your safety. We are committed to ensuring you get all the information you need to take action. Our experts are driven to fight for you and get you protected. Visit or call us today for more information. Our Orlando personal injury lawyer is ready to make you our next client.

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