Have you or a loved one been inconvenienced mentally or physically by someone else’s negligence? Do you want to get justice for the pain and suffering or financial losses?
Unfortunately, getting access to the compensation you deserve after a serious injury could prove more challenging than you thought. This is particularly true if you have a pre-existing condition. Fortunately, with help from a Florida personal injury lawyer, you can ensure the liable party compensates you fairly and does not capitalize on your pre-existing condition to reduce their financial obligations.
Personal injury claims and pre-existing conditions
Liable parties and insurance companies look for every opportunity to avoid paying out on victims’ claims. There are many ways they accomplish these goals, but one of the most common involves taking advantage of the fact that an injury victim has a pre-existing medical condition.
By arguing that your pre-existing condition was the cause of your injuries, the liable party or their insurance company can reduce the amount they are required to pay out on your claim if they are successful. Fortunately, your attorney understands these tactics and will be prepared to protect you every step of the way.
If anything, having a pre-existing condition could benefit your case, particularly if your condition was worsened by the accident you were involved in. If your pre-existing condition became worse after the incident, you may have the right to additional compensation for your medical treatment, emotional distress, and other damages.
Common types of pre-existing conditions
Some of the most common types of pre-existing conditions insurance companies attempt to capitalize on include:
- Cancer
- Hypertension, also known as high blood pressure
- Certain mental health disorders, including anxiety and depression
- Diabetes
- Kidney disease
- Obesity
- Arthritis
- Chronic obstructive pulmonary disease (COPD)
- Asthma
- Coronary artery disease
- Emphysema
4 tips to protect yourself and your claim
After being involved in an accident, if you have a pre-existing condition, there are some steps you can take to protect yourself from the start.
1. Perform a self-evaluation
Immediately after the accident, check for severe bodily injuries. Take photos of any severe injuries and make note of any symptoms you might be experiencing. The more information you give to medical professionals, the better and faster they can assess your injuries.
2. Call 911 and ask for police and an ambulance
Make sure you get law enforcement and emergency responders to the accident scene. This evidence will prove valuable when you need to show the severity of your injuries and establish liability for your damages.
3. Collect contact information from witnesses
If possible, get the contact information of any witnesses to the accident. This way, when the defense attempts to argue that your pre-existing condition contributed to your condition, witness statements can offer evidence to the contrary.
4. Keep written or digital records after your accident
Keep a thorough record of how the accident occurred and what you have experienced after the accident. Now is a good time to keep a journal of the medical treatment you are receiving, how your pre-existing condition has affected your life and your healthcare provider’s prognosis.
Contact a Florida personal injury lawyer
Liable parties and insurance companies are likely to do everything they can to avoid financial liability. One of the top ways of doing so is trying to take advantage of a victim’s pre-existing condition. As unscrupulous as it is, it is also often effective. For this reason, make sure you have an experienced and knowledgeable legal advocate on your side.
This way, when the insurance company or liable party attempts to take advantage of you, you will be protected. Schedule your 100% free, no-obligation consultation with an experienced Florida personal injury attorney at Lytal, Reiter, Smith, Ivey & Fronrath today when you complete our online contact form or call our office at (561) 655-1990.
