consult
X

Request a Free Consultation

Please fill out the form below and we will be in touch soon.
  • MM slash DD slash YYYY

Blog Home

Can You Sue For Pre-Existing Injuries in a FL Car Accident?
Posted By:

Can You Sue For Pre-Existing Injuries in a FL Car Accident?

 

If you suffer injuries as the result of a Florida car accident, you may be able to file a personal injury claim in order to get compensation for those injuries. If you have lost out on wages, face mounting medical bills, or lose your earning capacity because of those injuries, then you may be able to take the at-fault driver to court.

 

The question many people have is how pre-existing conditions can impact a personal injury lawsuit. After all, many of us are walking around with health conditions or injuries that can be made much worse by even a minor accident.

 

In those cases, are you still entitled to compensation for a pre-existing injury? Read on to find out what your options are.

 

Pre-Existing Conditions: What Are They?

 

Pre-existing conditions are medical circumstances present in a person before they are involved in an accident. They can be made worse by the accident in question.

 

Examples include:

 

  • Anxiety
  • High blood pressure
  • Degenerative disc disease
  • Arthritis
  • Diabetes
  • Epilepsy
  • Broken bones
  • Fibromyalgia

This is not an exhaustive list but merely examples of conditions that may exist before you are involved in an accident. It’s vital to disclose any pre-existing conditions you have to your attorney and ensure that your medical records match what you say.

 

How Do Pre-Existing Conditions Impact Personal Injury Claims in FL?

 

How a pre-existing condition impacts a personal injury claim varies. Sometimes it can help you to recover more compensation, while in other cases it could mean you get less. What it comes down to is how your injuries impact your life.

 

If you were involved in an accident that aggravates a condition from which you’re already suffering, then it’s possible to receive more compensation than someone who was healthy before the accident.

 

However, pre-existing conditions do impact how the court views your medical improvement after the accident. If you were not functioning up to 100 percent capacity before the incident, then that will not be the standard the court uses to determine what compensation you may be able to recover.

 

To say pre-existing conditions involved in Florida car accidents are complex is an understatement. Luckily, an experienced personal injury attorney can help you figure out what is possible in your particular case.

 

What Damages are Possible to Recover for an Aggravated Pre-Existing Condition?

 

If you are involved in a Florida car accident and have a pre-existing condition made worse by that accident, it’s vital to disclose the condition as soon as you can. The insurance company cannot hold you responsible for previous injuries or the accidents that caused them.

 

When you are in an accident that makes a condition worse, you can pursue non-economic as well as economic damages through a personal injury claim. These damages include:

 

  • Lost earning
  • Pain and suffering (both physical and emotional)
  • Medical expenses
  • Physical scarring and disfigurement

What Damages are Possible to Recover for an Aggravated Pre-Existing Condition?

 

The fact that you were simply more susceptible to injury doesn’t mean you should receive less in damages than any other person.

 

The key is to be very honest about any pre-existing conditions you have – or your claim can be denied. The burden to prove your injuries will be placed on you, which can make the case tougher going forward.

 

If you have a pre-existing condition that is now worse as the result of a Florida car accident, don’t be shy to pursue damages to which you may be entitled. After all, you deserve the same compensation as any other person, injured previously or not.

 

About the Author:

Andrew Winston is a partner at the personal injury law firm of Winston Law. For over 20 years, he has successfully represented countless people in all kinds of personal injury cases, with a particular focus on child injury, legal malpractice, and premises liability. He has been recognized for excellence in the representation of injured clients by admission to the Million Dollar Advocates Forum, and named one of America’s Top 100 High-Stakes Litigators. Mr. Winston is AV Preeminent Rated by the Martindale-Hubbell Law Directory, enjoys a 10.0 rating by AVVO as a Top Personal Injury Attorney, has been selected as a Florida “SuperLawyer” from 2011-2020 – an honor reserved for the top 5% of lawyers in the state – was voted to Florida Trend’s ”Legal Elite,” recognized by Expertise as one of the 20 Best Fort Lauderdale personal injury attorneys, named one of the Top 100 Lawyers in the Miami area for 2015-2017, and one of the Top 100 Lawyers in Florida for 2015-2017 and 2019.

0/5 (0 Reviews)
Categories
AWARDS & MEMBERSHIPS

AWARDS & MEMBERSHIPS

AMERICAS TOP 100 HIGH STAKES LITIGATORS

2018-2021

Selection to America’s Top 100 High Stakes Litigators® is by invitation only and is comprised of the nation’s most exceptional trial lawyers for high stakes legal matters. For initial consideration, an attorney must have successfully litigated (for either plaintiff or defendant) a matter (1) with at least $2,000,000 in alleged damages at stake or (2) with the fate of a business worth at least $2,000,000 at stake (i.e. bet-the-company litigation valued in excess of $2,000,000).

AWARDS & MEMBERSHIPS

LEAD COUNSEL

LEAD COUNSEL
RATED

Since 1997, the Lead Counsel Rating has been available for free to attorneys who have demonstrated the following three requirements:

Professional Experience
Peer Recommendations
Spotless Record

AWARDS & MEMBERSHIPS

LAWYERS OF DISTINCTION

LAWYERS OF
DISTINCTION

Lawyers of Distinction members have been selected based upon a review and vetting process from our Selection Committee. After a thorough review of credentials, attorneys are nominated by our Selection Committee. Lawyers do not pay for this nomination. These potential candidates who meet the criteria of our screening process have demonstrated a high degree of peer recognition and professional competence

AWARDS & MEMBERSHIPS

MILLION DOLLAR ADVOCATES FORUM
LIFETIME MEMBER

THE TOP TRIAL LAWYERS IN AMERICA ®

ONE OF THE MOST PRESTIGIOUS GROUPS OF TRIAL LAWYERS IN THE UNITED STATES. MEMBERSHIP IS LIMITED TO ATTORNEYS WHO HAVE WON MILLION AND MULTI-MILLION DOLLAR VERDICTS AND SETTLEMENTS.

AWARDS & MEMBERSHIPS

FLORIDA TREND’S

FLORIDA LEGAL ELITE
2011-2021

Now in its 13th year, Florida Legal Elite presents a prestigious roster of attorneys chosen for recognition by their peers.

AWARDS & MEMBERSHIPS

EXPERTISE BEST PERSONAL INJURY ATTORNEYS IN FORT LAUDERDALE

BEST PERSONAL INJURY ATTORNEYS IN FORT LAUDERDALE
2016-2021

Our goal is to be a hub where qualified experts can connect with people to share their knowledge, experience, and skills.

AWARDS & MEMBERSHIPS

SUPER LAWYERS

TOP RATED PERSONAL INJURY LAWYER IN DAVIE FL
2011-2021

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement.

AWARDS & MEMBERSHIPS

SUPER LAWYERS TOP 100 FLORIDA LAWYERS

FLORIDA TOP 100 LAWYERS
2015-2017, 2019-2021

Super Lawyers magazine features the list and profiles of selected attorneys and is distributed to attorneys in the state or region and the ABA-approved law school libraries.

AWARDS & MEMBERSHIPS

AVVO

TOP ATTORNEY PERSONAL INJURY
10.00
SUPERB

Avvo was founded in Seattle, Washington by tech-savvy lawyer Mark Britton to make legal easier and help people find a lawyer.

AWARDS & MEMBERSHIPS

MARTINDALE-HUBBELL AV PREEMINENT

AV PREEMINENT
2016-2021

For more than 130 years, Martindale-Hubbell has been evaluating attorneys for their strong legal ability and high ethical standards through a Peer Review Rating system. Prior to the 1887 edition of Martindale’s American Law Directory, which was the first publication to provide such ratings to attorneys, there was no way of truly knowing if the lawyer you were considering to do business with was trustworthy, ethical, or skilled in the legal field.

REVIEWS

LEAVE US A REVIEW

CASE RESULTS

See More Results

Font Resize