The Impact of Pre-Existing Injuries on Auto Accident Claims in Florida

If you were injured in an auto accident in Florida, you are entitled to just compensation for your injuries. But, what if you also have pre-existing injuries from before the crash? While this can complicate the process of seeking just compensation, your legal rights are clear—and you should still be able to recover the compensation you deserve with an experienced Florida auto accident attorney representing you.

How a Pre-Existing Injury Can Impact Your Auto Accident Claim

When you get injured in an auto accident in Florida, you have three main options for recovering the costs of your injuries. Depending on the circumstances of your case, you may be able to file one or more of the following types of claims:

• Personal Injury Protection (PIP) – If you have auto insurance, you have personal injury protection (PIP) coverage. PIP is mandatory in Florida, and it provides limited coverage for accident-related medical expenses on a “no fault” basis.
• Bodily Injury Liability (BIL) or Uninsured/Underinsured Motorist (UIM) – If you suffered “significant” or “permanent” injuries in your auto accident, you may be able to file a bodily injury liability (BIL) or uninsured/underinsured motorist (UIM) claim to secure additional compensation. But, as both of these forms of coverage are optional in Florida, you will need to determine if this coverage is available in your case.
• A Third-Party Claim for Damages – If the driver who hit you was working at the time of the accident, or if your injuries are the result of non-driver-related factors, you may have a third-party claim for damages. If you have a third-party claim, an experienced Florida auto accident attorney will be able to help you seek full compensation for the costs of your accident-related injuries.

Regardless of which claim (or claims) you can file, the fact that you have a pre-existing injury does not impact your right to just compensation. If you have incurred medical costs and lost wages, if you are dealing with pain and suffering, or if you are dealing with any other effects that are a result of the accident, your legal rights are clear under Florida law.

But, while your legal rights may be clear, this doesn’t necessarily mean that the insurance companies will respect them. Unfortunately, the insurance companies routinely try to use accident victims’ pre-existing injuries as grounds to deny liability. Typically, the insurance companies will claim that either:

• An accident victim’s costs are related to his or her pre-existing injury, and not related to the crash; or,
• The accident victim cannot prove that his or her injuries are a result of the collision.

In both of these scenarios, it is up to you (and your attorney) to make clear that you aren’t backing down from seeking the financial compensation you deserve. Even if the insurance companies try to deny your claim initially, you should still be able to secure just compensation with an experienced attorney on your side, though there are no guarantees. Oftentimes, simply getting an attorney involved will be enough to convince the insurance companies to treat you fairly. But, if they still refuse to recognize that you have accident-related losses, then your attorney can use his or her experience to fight for just compensation on your behalf.

Proving That You Have Accident-Related Losses When You Also Have a Pre-Existing Injury

Fighting for just compensation when you have a pre-existing injury involves proving that you have additional costs as a result of your auto accident. For example, suppose you were recovering from a broken wrist at the time of your collision. If you suffered a broken ankle in the crash, you wouldn’t be entitled to compensation for any ongoing treatment or rehabilitation for your wrist, but you would be entitled to compensation for your ankle.

While this type of scenario is less likely to create issues during the insurance claims process, pre-existing injury cases can get much more complicated. For example, suppose you were suffering from chronic back pain before your auto accident, and in the accident you suffered a spinal cord injury (SCI). This is a scenario in which the insurance companies may try to avoid liability by claiming that your treatment needs pre-date the accident. To convince the insurance companies to pay, your Florida auto accident attorney may need to present evidence including:

• Your medical records and treatment expenses prior to the date of the accident;
• Your medical records and treatment expenses from after the accident; and,
• Additional evidence of your new injury’s effects above and beyond those caused by your pre-existing injury.

Additional medical expenses, loss of income, pain and suffering, and other financial and non-financial losses are all losses that you can—and should—seek to recover. Even if the accident only exacerbated a pre-existing injury, any additional costs you incur are still costs that you are entitled to recover under Florida law.

Protecting Yourself When You Have a Pre-Existing Injury

To protect yourself when you have a pre-existing injury, you should do everything you can to document the additional costs you incur as a result of your auto accident. While this is important in any case, it is especially important when you have a pre-existing injury that could come up during the insurance claims process. With this in mind, you should see a doctor promptly (if you haven’t already), and you should keep documentation of all of the additional costs you incur. You should start documenting your accident-related injury’s non-financial costs as well, such as your additional pain and suffering, emotional trauma, and loss of enjoyment of life.

Get Help from an Experienced Florida Auto Accident Attorney at Searcy Denney

If you have a pre-existing injury and need help seeking just compensation for an auto accident, we encourage you to contact us promptly for more information. We have decades of experience recovering just compensation for our clients. To get help from an experienced Florida auto accident attorney at Searcy Denney, call 800-780-8607 or request a free consultation online now.