What if I Re-Injured My Back in a Car Accident? (Pre-existing Conditions)
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Unless you are really young, most people have had some injury during the course of their life. For example, back problems are a common problem for a lot of adults. When a person has a backache, they usually seek some sort of treatment. This can be in the form of chiropractic treatment, massage, or they may even mention it to their family doctor.
When you are in a Florida car accident or any type of Florida injury accident, your prior medical condition is carefully examined by the insurance company. The insurance company is always looking for a way to deny your claim or pay you less than you deserve for your injury. The most successful way they do this is by blaming your injury on some “pre-existing condition.”
If I have a Pre-Existing Condition, Can I Still Recover for My Injury?
If you have an injury to the same part of your body that you have injured before, you may still recover for your injury. In the State of Florida, you can recover for what is called an “aggravation to a pre-existing condition.” An aggravation of a pre-existing condition is just as it sounds. You previously had some problem, but because of your accident, the problem is now worse. To succeed in such a case, your medical records must be accurately documented, and you must be able to explain to your doctor exactly how your condition has been worsened by your accident.
Even if you are able to explain this, it does not mean that the insurance company won’t use your pre-existing condition as a defense. There a lot of factors that will be looked at, such as your prior treatment for the condition. The insurance company will want to know when the last time it was that you treated before your accident, how often you may have treated, and what the diagnostic tests revealed, etc. Ultimately, a jury may have to decide if your current complaints are related to your accident, or if they are related to your pre-existing condition.
How Can I Prove That My Injury Is Related To My Accident Instead of a Pre-Existing Condition?
As a Claimant/Plaintiff, it will be up to you to prove that your new injury or aggravation is related to the accident, and not your pre-existing condition. To do this, you will need your doctors to state that your current condition is related to the accident, or that the accident aggravated a pre-existing condition. This is why it is important that you talk to your doctors and tell them everything, especially how your current symptoms may differ from what you previously have experienced. Your doctors can then put this information into your medical records.
In addition to your doctors, your family members, friends, and co-workers will also be important in proving your case. We often call on our client’s family members, friends, and co-workers to testify as to how they see our clients and their condition has changed since the accident. In a jury trial, this is often the most compelling testimony for a jury.
If you have questions about your Florida auto accident case, you can download our Free Report – Things You Must Know If You Were In a Car Accident – and our Free Special Report, 5 Medical Mistakes That Will Destroy Your Florida Personal Injury Case which is available at our website, or you can click the links provided. You can also contact us at (813)419-3866.