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Managing a personal injury claim can become more complicated if you have experienced past injury or a history of motor vehicle accidents. Accident history can impact how quickly you can settle a claim or make it more difficult to obtain the financial relief you need.
If your history is complicating your claim, a Fort Lauderdale car accident lawyer at Lytal, Reiter, Smith, Ivey & Fronrath can review your situation and help you move forward.
Why does accident history matter in a personal injury case?
Accident history matters because insurance companies and defendants will make every effort to minimize what they might have to pay. They will work to deny or shift blame onto you, and your personal injury attorney’s role is to counter those arguments and build the case for the other party’s liability
Even in a minor accident, injuries can be serious and affect your ability to recover, which can drive up medical costs and lost income in ways that aren’t immediately obvious. These additional expenses can grow quickly, and you may lose income while you recover. Your personal injury lawyer must consider all future costs to adequately value your claim and demand a fair settlement.
How do pre-existing injuries or conditions affect your claim?
Under Florida’s eggshell skull rule, the at-fault party is still financially liable for the injuries they caused, even if you have pre-existing conditions or previous injuries. These can affect your personal injury claim because you must provide very clear medical documentation of how the incident made things worse or created new injuries.
How do insurance adjusters use medical records and driving records?
Insurance company representatives will closely examine your medical and driving records to locate anything they could use to reduce or deny your claim. They may insist that you were already hurt or that your existing condition is unchanged after a crash. Highly detailed medical records are key to overcoming this challenge.
They may also claim you’re accident-prone or that you have a bad driving record. While it’s true that a history of moving violations, speeding, or other undesirable driving behavior can work against you, an experienced personal injury attorney will try to show that these past concerns don’t apply to your current case.
Can accident history reduce the value of your personal injury claim?
An insurance adjuster may try to argue that your current pain is related to a prior injury or pre-existing condition and not the injuries you suffered in the crash. They may also try to use previous crashes or citations against you as a way of reducing your credibility. A clean driving record on your part can deflate these arguments, giving you a better foundation for your claim.
Why do they do this? Under Florida Statute § 768.81, you can’t recover damages if you are found to be more than 50% at fault for the accident. Successfully showing you were more to blame can lead them to limit or even eliminate their financial liability for your injuries.
How can medical treatment and documentation strengthen your case?
You’ll need to establish your medical history at the time of the accident and then show records illustrating your health status after the crash. While the other driver isn’t to blame for your prior injury, they should be held accountable for any actions that made it worse.
For example, if you already have scoliosis but experience a traumatic car crash, additional damage to your nerves, muscles, and spinal cord could make the condition much worse. You could face surgery and a lifelong dependence on medical equipment to correct the problem.
Maintaining regular care visits with your doctors and following their treatment orders not only improves your health, but it also provides a powerful timeline of your medical progress. Your attorney can gather records that document your health before the accident and show how the at-fault party’s actions affected your condition.
What should you do if you have a prior injury before a new accident?
Causation is a primary element of establishing negligence in personal injury claims. However, insurance companies and opposing lawyers may question your credibility if you have a history of getting hurt. They may wonder if you are exaggerating your injuries and decide to delay payment.
By getting regular treatment and going to a hospital after a car accident for immediate medical attention, you can clearly document how the at-fault party’s actions caused or worsened your injuries. This strengthens your personal injury case with insurers and in court.
How can an experienced personal injury attorney address accident history issues?
Under Florida auto insurance requirements, you must use your own personal injury protection (PIP) policy to cover your injuries in a car crash. Although you don’t have to prove fault, insurance adjusters will still assess whether your injuries are related to the accident or pre-existing.
If you meet Florida’s serious injury threshold, which includes permanent injury, significant loss of bodily function, or permanent scarring, you may be able to file a lawsuit against the at-fault driver to recover your medical costs, lost income, and pain and suffering. Your attorney can combat any allegations if the other side tries to use your driving history against you. Building a strong case for the other party’s fault can reduce the weight of your prior history in the claim.
Speak with a Fort Lauderdale car accident lawyer about your personal injury claim
Don’t let uncertainty about your accident history limit your personal injury claim. Turn to an experienced Fort Lauderdale car accident lawyer at Lytal, Reiter, Smith, Ivey & Fronrath. We offer a free consultation for each prospective client, so call (561) 655-1990 or contact us online to schedule your free consultation.