Like most other personal injury matters, Miami car accident claims fall under the umbrella of negligence when it comes to recovering compensation. You need to prove that the other motorist’s careless actions were the direct cause of the auto crash in which you were injured. If there were other intervening circumstances or factors, you usually will not be able to obtain monetary damages because the causation element is missing. In some vehicle collision cases, a pre-existing medical condition is exactly the sort of intervening issue that could impact compensation.
Still, there are exceptions to this default rule and strategies through which you can recover monetary damages despite the existence of a pre-existing medical condition. You will need a Miami car accident lawyer for assistance with overcoming challenges, but a few points should help you understand the basics.
- It IS possible to recover for exacerbated injuries. A key exception to the rule regarding pre-existing injuries will allow you to obtain compensation, but only if the motor vehicle collision makes your condition worse. The classic example is when a victim suffered a broken bone in the past. Even though it has healed, the affected area remains weaker than the surrounding bone material – making it more susceptible to breaking again from the impact of an auto crash.
- Serious pre-existing conditions could become far worse. A bone fractured for a second time will often require surgery and more intense treatment, making the experience even more painful for the victim. Plus, there are other ailments and injuries that can be exacerbated in an accident caused by a negligent driver.
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- A car accident can exacerbate chronic back problems, such as a herniated or bulging disc.
- Individuals who suffered concussion or other traumatic brain injury (TBI) are at risk of re-injury. Headaches, vision problems, loss of consciousness, and other symptoms can be far more severe, potentially leading to permanent brain damage.
- Keep the statute of limitations in mind. Under Florida’s statute of limitations, you have four years from the date of the accident to file a lawsuit in court. If you allow this time period to expire, you are barred from recovering compensation. Insurance companies will often use the statute of limitations as a reason to deny your claim, on the basis that your pre-existing medical condition traces back more than four years. Your auto crash lawyer can develop a strategy to overcome this position, often with solid evidence showing that your pre-existing medical condition had stabilized before the collision.
Our Miami-Dade Car Accident Attorneys Will Tackle the Legal Details
Hopefully, these points about pre-existing injuries were useful as an overview of how they impact an auto collision case. The information also demonstrates why retaining experienced legal counsel is essential for pursuing your legal remedies. To learn how our team can assist with the insurance claims process and in court, please contact Gerson & Schwartz, PA. We can schedule a free case evaluation at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.