What Are My Legal Options If An Auto Accident Made My Pre-Existing Injury Worse?
Michael Babboni
Law
When you are on the mend, the last thing you need is to have your injury worsened by a car accident. Not only is it incredibly painful, but it can also be extremely frustrating. This also presents a significant legal challenge. Insurance companies are always trying to get out of paying a fair settlement.One of the most common tactics they use is to claim that accident victims are lying about their injuries. They’ll pour through years of your medical records to find anything to say that your injuries were pre-existing and not caused by the accident. That way they don’t have to pay for them. However, what happens if you did have an injury but the accident just made it worse?
Speak To An Attorney Immediately
There’s no easy way to say this, but pre-existing injuries really complicated auto accident claims. Your best plan is to work with a personal injury attorney that specializes in auto accidents. They will help protect your legal rights against the insurance companies. They know all the tricks the insurance companies will pull to get out of paying and have strategies to beat them. Do not wait, call as soon as possible to stay protected.
Proving Causation For Your Pre-Existing Injury
One of the most important parts of any personal injury case is proving the accident caused the injuries. For new injuries, you can simply compare your medical history against the current injuries to show they were caused by the accident. However, for pre-existing injuries, you will have to first prove the severity of the existing injury.
For example, imagine you slipped a disc while working out a few years ago. You can show that through medication and physical therapy, you have begun to heal the injury. You then have to prove that the injury was made worse by the accident by looking at the same kind of records. For example, if after the injury you had to start going to physical therapy more frequently, it can show this is made worse. Another way to do it is with the help of expert testimony from medical providers.
Pre-Existing Injuries And Your Settlement
Working with an attorney can help you prove that your pre-existing injuries were worsened by an accident. However, once this is proven, the next challenge is determining the value of the damages. It is very hard to put a precise amount on a pre-existing injury. If you were already paying for physical therapy and medication, the courts may not count those costs. They may only count the costs of increased physical therapy and medication. Your auto accident attorney can help you calculate the cost of the worsened injury. Be prepared though, it is likely the insurance companies will fight hard to pay you less.
Pre-Existing Conditions Can Be Covered
Although this is a very complicated and challenging legal circumstance, you can still get compensation for worsened pre-existing conditions. A skilled attorney can collect all the evidence you need. They also have a broad network of expert witnesses and medical professionals that can help testify and prove your claim. It will be challenging but it is possible to win.
The St. Pete’s Lawyer Michael Babboni can help. He’s worked to protect Florida auto accident victims for over thirty years. No matter if your injuries are new or preexisting, he will gather the evidence needed to fight for your rights. Give him a call or chat with him right on the website. He’ll answer any questions and help you understand all your legal options.