If you suffered from pre-existing conditions before your accident, you might be concerned that an insurance company will treat you unfairly if you submit a claim.
In Florida, accident victims are entitled to compensation regardless of any prior illnesses, injuries, or medical problems. You may fight for a complete financial recovery with the aid of the Florida automobile accident attorneys at Nooney, Roberts, Hewett & Nowicki.
How Can a Personal Injury Lawyer in Jacksonville Assist Me in Seeking Compensation For Pre-Existing Conditions?
Accidents may easily make pre-existing problems worse. Expect the insurance provider to attempt to use your health against you, though. They will argue that they are not accountable for paying for a health issue that existed before the automobile accident.
Unfortunately, automobile accidents frequently make pre-existing problems worse. As a result, the value of your insurance claim is likely to increase, which greatly incentivizes the insurance provider to find a means to reject or lower your payment.
These kinds of strategies are not permitted by the law. If your pre-existing condition worsened, you could be entitled to compensation.
At Nooney, Roberts, Hewett & Nowicki, our accomplished personal injury attorneys can fight to obtain full compensation for all of your losses, including those resulting from specific pre-existing illnesses.
Want to know more? Please call us; your initial consultation is always free.
Which Injuries are Included in the Term "Pre-Existing"?
A pre-existing condition is an illness or injury that affects the same body part hurt in the collision when it comes to vehicle accident claims.
Even if you have the right to be "made whole" again following a car accident, pre-existing conditions might make things more difficult. Only the harm they create is the responsibility of the at-fault parties. They are not liable for harm they had nothing to do with if you were wounded before the accident.
If, however, your condition was stable at the time of the event, but the accident worsened it, you may be entitled to compensation. In other words, you are entitled to compensation for the greater
suffering, additional medical costs, and other losses you would not have suffered if the accident hadn't happened.
Following are some instances of pre-existing conditions that are frequently made worse in car accidents:
Pre-existing condition cases can get complicated very rapidly.
The "Eggshell Skull Doctrine" Is Applied in Florida
A legal principle known as the "eggshell skull" holds culpable parties liable even for unanticipated harm. According to the eggshell concept, careless people choose their victims at random. After an automobile accident, anyone—even an "eggshell plaintiff"—can submit a claim and obtain compensation.
Compare two victims of accidents. One is a man, age 25, and the other is a male, age 95. Assume that the identical set of conditions led to a rear-end accident for each participant. The 25-year-old only sustained minor cuts and bruises. The 95-year-old man spent three weeks in the hospital after suffering severe chest injuries and a heart problem.
Each collision's entire amount of the victim's injuries is the driver's culpability. Even though the driver couldn't have known that someone in the other car had a cardiac issue, it is still accurate. The fact that the 25-year-old was unharmed after the same collision is not a defense.
However, you must demonstrate that your pre-existing condition was stable at the time of the accident. You are not entitled to reimbursement for the medical care you would have required in the absence of the auto accident.
After a Crash, Should I Disclose My Pre-Existing Condition?
A pre-existing condition you are attempting to conceal might hurt your claim. The insurance company will probably learn a lot about your past when they conduct their investigation. Your injury claim might suffer if you omit to reveal something important.
On the other hand, you don't want to divulge too much information to the insurance company. All of your medical records don't have to be made available to them.
The best course of action is to first tell your personal injury attorney about any existing medical conditions. The insurance company can then get any pertinent information from our attorneys.
If I Feel Okay After a Car Accident, Do I Need Medical Attention?
Always go to the hospital right away following an automobile accident. If you have a history of medical issues, this is even more important.
You must get medical attention within 14 days of the collision in accordance with Florida's nofault auto insurance rules. Going straight to the hospital or other medical facility is highly suggested.
The insurance provider already has the means to reduce the value of your claim if you have a preexisting condition. The insurance company may argue that your injuries were worse because of anything else if there was a delay between the event and your treatment.
You have the option of seeing the physician who has been managing your problem. This doctor can offer proof that your condition was stable before the accident. Your doctor's expert evidence may also make it more clear that the accident worsened your pre-existing ailment.
Is My Right to Compensation Affected by the Florida Statute of Limitations?
The Florida statute of limitations generally mandates that accident victims file a personal injury lawsuit within four years of the accident's date of occurrence. There may be exceptions to the norm, but there is no assurance that they will apply to your particular situation.
It is advisable to contact a vehicle accident attorney straight away if you want to protect your right to compensation. We'll make sure you are aware of the timelines that are relevant to your situation.
What Effect Will a Pre-Existing Condition Have on My Right To Damages After a Vehicle Accident?
The fact that you had a pre-existing condition wasn't your responsibility. You shouldn't be forced to pay the cost if someone else causes a car accident and your health worsens. Your existing medical condition only complicates the insurance claims procedure.
For the losses and medical expenses you would have incurred even without the accident, you are not entitled to compensation. You are not eligible for reimbursement for your blood pressure medications once you have recovered if you were taking them before to the incident and needed surgery as a result of the crash.
It may be difficult to tell what medical care you required before and after the accident. Our professionals and experts can be helpful in this situation.
We'll make use of our resources to get restitution for damages brought on by the worsening of your condition. That might incorporate:
Insurance providers will make every effort to benefit from your pre-existing condition. They also possess the financial means necessary to investigate your background.
Get More Information About Your Right to Compensation For Pre-Existing Injuries After
A Car Accident By Calling Our Jacksonville Attorneys
In general, if an automobile accident worsened a pre-existing condition, you are entitled to financial compensation. In these intricate instances, a skilled personal injury attorney may make all the difference.
Contact Nooney, Roberts, Hewett & Nowicki Today!
The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of combined experience fighting for victims of vehicle accidents. As a passionate firm, we fight for the compensation you rightfully deserve. Our expert legal team can help you along this complicated and intricate process.
Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive vehicle accident attorneys! ¡Hablamos español! We serve clients throughout Florida, including, but not limited to, those in the following localities: Duval County including Atlantic Beach, Jacksonville, and Jacksonville Beach; Hillsborough County including Brandon, Riverview, and Tampa; Leon County including Tallahassee and Woodville; Orange County including Ocoee, Orlando, and Winter Garden; St. Lucie County including Fort Pierce, Lakewood Park, and Port St. Lucie; and Walton County including DeFuniak Springs, Miramar Beach, and Santa Rosa Beach.