In Florida, having a pre-existing medical condition does not necessarily preclude you from seeking compensation if an accident, caused by another party’s negligence, worsens that condition. While these cases can be challenging due to insurance companies often attributing symptoms to the prior condition rather than the accident, injury victims still have rights. Please continue reading as we delve into how Florida addresses aggravated pre-existing injury claims and advise on when to consult our Bradenton Personal Injury Lawyers to safeguard your interests.
Can I Sue if an Accident Worsens My Pre-Existing Condition?
Florida law permits injury victims to seek compensation when another party’s negligence exacerbates an existing medical condition. This encompasses various conditions, such as chronic pain, previous injuries, back problems, and more. Under the state’s “eggshell plaintiff doctrine,” the responsible party is accountable for the full extent of the victim’s injuries, regardless of any pre-existing vulnerabilities. This means that if you were more susceptible to injury due to a prior medical issue, the negligent party remains liable for the harm they inflicted.
While insurance companies might attempt to deny or reduce your claim by attributing your current symptoms to an older injury, Florida law allows for compensation if a new accident worsens your pre-existing condition. This compensation may cover damages related to increased pain levels, necessary new treatments, or long-term care resulting from the aggravation.
What Evidence Do I Need to Prove Aggravation of a Pre-Existing Condition?
To prove aggravation of a pre-existing condition, you must obtain medical records from before and after the incident to show the worsening of your condition. Medical professionals can effectively highlight the change in your health by comparing your pre-accident medical records, including scans, charts, and treatment notes, with post-accident findings. This comparison can clearly illustrate an increase in the severity of your condition. Statements from treating physicians can directly link the accident to the aggravation. It is important to maintain consistent medical care after the accident to demonstrate your need for additional treatment that can be tied to the aggravation of your condition.
In addition, witnesses can offer crucial testimony detailing the changes in your condition before and after the accident. These individuals could include coworkers, employers, family, or friends. A significant indicator of your injury can be the cessation of previously enjoyed physical activities, such as gym attendance or recreational sport participation. To substantiate a decline in physical ability, individuals involved in these activities can provide testimony or written statements.
If you have been injured due to someone else’s negligence, you are entitled to compensation. Becker & Lindauer, LLC is here to help you secure the justice and compensation you deserve. Contact our firm today to schedule a confidential consultation.
