Insurance Claims Attorney Orlando

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Orlando – Navigating Car Accident Claims with Pre-Existing Injuries

If you’ve been involved in a car accident in Orlando and have a pre-existing injury or medical condition, you might worry about how it will affect your claim. Insurance companies often try to use pre-existing conditions to deny or minimize payouts, arguing that your current pain isn’t from the accident but from an older issue. However, having a pre-existing injury does not automatically disqualify you from receiving compensation; it simply adds a layer of complexity that requires skilled legal navigation.

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Florida law, like many states, follows the “aggravation rule” or “eggshell skull rule.” This legal principle states that a defendant must take their victim as they find them.

This means if the accident aggravated or worsened a pre-existing condition, the at-fault party is still responsible for the extent of that aggravation. For example, if you had a pre-existing back condition that was stable, but the accident caused a new injury or significantly worsened your existing pain, you are entitled to compensation for that new injury or the aggravation.

The challenge lies in proving the extent to which the accident caused new injuries or exacerbated existing ones. This requires meticulous medical documentation. It’s crucial to:

• Disclose all pre-existing conditions to your doctors and attorney. Transparency is key.
• Seek immediate medical attention after the accident, even if your symptoms seem familiar.
• Clearly communicate to your doctors how your current symptoms differ from your pre-accident condition.
• Maintain consistent medical records that detail the new onset or worsening of symptoms directly after the accident.

Insurance companies will likely request your full medical history, looking for any opportunity to attribute your current pain to old injuries. An experienced attorney will work closely with your medical providers to gather evidence that clearly distinguishes between your pre-existing condition and the new or aggravated injuries caused by the accident.