Pre Existing Conditions and Prior Auto Accidents can be Tricky With Insurance Companies
A medical condition or disability that someone presently has is called a pre-existing condition. Sometimes a person is born with a pre-existing condition or they may have acquired the condition because of an illness or previous injury. Sometimes age or the degenerative process can cause a pre-existing condition. Often a previous back injury will cause chronic pain. Certainly prior auto accident injuries count as pre-existing injuries in the opinion of most insurance companies.
When a pre-existing condition becomes aggravated because of an auto accident caused from another person's negligence, the case may become very complex. The injured person will want to seek legal remedies for past and future medical expenses, lost wages or other damages. The insurance company will take steps to minimize the claim by characterizing your injuries as pre existing or caused by a prior car accident.
The person who has been injured has the right under the law to recover for the aggravated injury, even if the pre-existing condition played a part in the new injury. A person who has a pre-existing injury may be more susceptible to serious injury than someone in good health. Even though the insurance companies will resist paying claims involving prior accidents, an experienced auto accident lawyer can help you clarify the damages arising from the subsequent injury as opposed to the old accident injury.
The negligent party may be held responsible for aggravating an existing condition. The negligent party may also be held responsible for complications that arise from injuries from a previous accident so long as the complications would not have existed but for the negligence of the person who caused the new accident. The injured person may be more vulnerable to aggravations because of an impaired mental or physical condition.
An experienced personal injury attorney will gather evidence to submit to the court which will show that a pre-existing condition has been aggravated and that the aggravation was a proximate cause of someone's negligence. The law firm of Morgan■ Dramis has attorneys who are experienced with personal injury claims. We have been handling injury cases for many years with great success over other Sarasota personal injury law firms. Our tema will use experts to determine the damages that resulted from your car accident even if you already had an injury. We can quantify the extent of the new injury and obtain proper compensation for your new injury.
Call us at (941) 953-4555 to schedule an appointment for a free consultation if you've been injured as the result of an automobile, motorcycle, truck or tractor-trailer accident.
As always, we never charge a fee unless we win your case.