Is Your Injury Pre-Existing?
If you’ve been injured in a car accident or other incident, one of the first tactics insurance companies may use to reduce or deny your compensation is claiming your injury is pre-existing. While it’s true that many people live with chronic conditions, that doesn’t mean you can’t recover damages if an accident made those conditions worse. This is a common legal challenge, and one an experienced Miami personal injury lawyer can help you overcome.
The Legal Principle of Aggravation
Insurers often comb through medical records looking for anything they can use to claim your injury wasn’t caused by the accident. For example, if you have a history of back pain and are now experiencing severe back problems after a crash, the insurer might argue that your current pain has nothing to do with the collision. Their goal is to minimize the amount they have to pay, even if your symptoms were significantly worsened or reactivated by the trauma.
Under Florida law, you are still entitled to compensation if an accident aggravated a pre-existing condition. This is sometimes referred to as the eggshell rule, which essentially means that the at-fault party must take responsibility, even if the victim was more vulnerable to injury due to a prior medical condition.
In other words, just because you had a medical issue before the accident doesn’t mean the at-fault party gets a free pass. If the crash caused new pain, made your condition worse, or required additional treatment, you may still be eligible for compensation.
Medical Testimony and Your Right to Fair Compensation
To fight back against an insurer’s assertion, an attorney will gather the right evidence. Medical testimony could be part of this collection process. This could include:
- Expert opinions from your treating physician or a medical specialist
- Comparative imaging such as X-rays or MRIs showing the difference before and after the accident
- Statements from therapists or chiropractors detailing the increased level of care required
- Documentation of treatment plans and how they changed after the incident
Legal professionals know how to present this information in a way that connects your injury directly to the accident, even if you had similar issues before. They’ll also ensure that all relevant details are properly documented to withstand challenges from the insurance company.
Should you be in a situation where you’re told your injury was pre-existing and therefore not compensable, don’t accept that answer without talking to an attorney. A skilled Miami personal injury lawyer can evaluate your case, work with medical experts, and fight for the full value of your claim. Pushing back is possible, even when insurance companies are downplaying your pain.
Are you unsure what to do now that an adjuster has informed you that they believe your accident injury is not the result of the collision itself? You shouldn’t have to suffer twice, once from the accident and again from an unfair settlement. Have a conversation with the skilled attorneys at Spencer Morgan Law to protect your rights. Call 305-423-3800 to book a confidential consultation.