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Can I Be Compensated for Pre-Existing Conditions After a Car Accident in Miami?

Car accident cases involving pre-existing conditions can be more complicated than a traditional car accident claim. Having a pre-existing condition does not prevent an accident victim from recovering fair compensation for their injuries and damages after a crash. However, such a person should strongly consider hiring an experienced Miami car accident attorney to help with their claim.

Our attorneys at Shaked Law Firm have over 100 years of combined legal experience handling personal injury cases. We understand Florida laws regarding pre-existing conditions. Our attorneys also know how an insurance company will use your pre-existing injury to undervalue your injury claim. 

Contact our law firm at (305) 937-0191 to schedule a free consultation to discuss your case. Let’s work together to get you the compensation you deserve after a car crash in Miami, FL.

How Our Miami Car Accident Lawyers Can Help You After a Crash

How Our Miami Car Accident Lawyers Can Help You After a Crash

Car accidents in Miami, Florida, can result in painful injuries and financial hardships for those involved. You deserve to be compensated for the damages caused by a reckless driver. However, it could be difficult to recover fair compensation when you have a pre-existing injury.

Our Miami car accident attorneys are passionate about defending the rights of accident victims throughout Miami-Dade County. We work to get you the maximum compensation available for your case.

When you hire Shaked Law Firm to handle your case, you can expect us to:

  • Address your pre-existing injury and gather evidence to prove that the car accident aggravated a pre-existing injury and caused new injuries
  • Investigate the car crash to gather evidence proving the other driver was at-fault 
  • Work with your physician to document the extent of your injuries
  • Consult medical experts and other expert witnesses as necessary
  • File insurance claims and negotiate settlements with insurance companies

Our experienced trial lawyers will aggressively pursue compensation for auto accidents inside and outside of the courtroom. Contact our law office to schedule a free case evaluation with one of our car accident lawyers in Miami, FL.

What is Considered a Pre-Existing Condition for Car Accident Cases?

Any prior injury or health condition an accident victim had at the time of a car crash can be considered a pre-existing condition. 

Examples of pre-existing conditions in a car accident claim include, but are not limited to:

  • Prior head injuries, concussions, and brain injuries
  • Broken bones and fractures
  • Degenerate disc disease
  • Back and neck injuries
  • Fibromyalgia
  • Cancer
  • Heart conditions
  • Epilepsy or a history of seizures
  • High blood pressure
  • Soft tissue injuries and whiplash
  • Diabetes
  • Migraines

An insurance company may allege that your pre-existing condition is to blame for your current injury or health condition instead of the car crash. If you cannot prove that the car wreck caused you to suffer a new injury, you may not be able to recover compensation for your damages. Therefore, the insurance company has a strong incentive to search for pre-existing conditions to limit its liability. 

Requesting Releases for Medical Records

Requesting Releases for Medical Records

After a car accident, an insurance adjuster may ask you to sign a HIPAA release for your medical records. The adjuster may claim that the release is necessary for the company to verify your injuries to pay the insurance claim. 

If you are not careful, you could give the insurance company access to your entire medical history. Many of the releases prepared by insurance companies do not limit the release to medical records related to the car accident. Instead, the release is designed to give the insurance company broad access to all your medical records.

What Should You Do if You Have a Pre-Existing Condition?

Contact our Miami car accident lawyers to discuss your case. You need to tell your lawyer about all health conditions, prior accidents, and previous injuries. 

Under the eggshell skull rule, an at-fault party is responsible if their conduct aggravates a pre-existing condition. They are also responsible for injuries caused by the accident, even though the accident victim’s health condition might have made them more susceptible to injury.

You could be entitled to compensation for damages such as:

  • Lost wages
  • Medical expenses
  • Pain and suffering
  • Disability and impairment 
  • Loss of enjoyment of life
  • Personal and nursing care
  • Future loss of income and diminished earning potential

However, your attorney cannot defend claims related to a pre-existing condition unless you tell them about the condition. Your lawyer may need to consult with medical experts to gather evidence proving your current injuries were caused by the car accident. 

Florida statute §95.11 limits your time to file a car accident claim or lawsuit. Therefore, it is best to seek legal advice as soon as possible after an automobile accident. 

Schedule a Free Consultation With Our Miami Car Accident Lawyers

Don’t let an insurance company cheat you out of the money you deserve by using pre-existing conditions. Instead, contact our office online or by telephone to request your free appointment with a personal injury attorney in Miami, FL.