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Oaks Plaza – 14125 NW 80th Ave, Suite 400 – Miami Lakes

(305) 374-1011

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Naples Office

2325 Stanford Court, Naples, Florida 34112

(239) 793-3331

Main Office

Oaks Plaza – 14125 NW 80th Ave, Suite 400 – Miami Lakes

(305) 374-1011

Naples Office

2325 Stanford Court, Naples, Florida 34112

(239) 793-3331

Navigating Pre-Existing Conditions in Florida Accident Claims

Navigating Pre-Existing Conditions in Florida Accident Claims

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In the bustling city of Miami, accidents can happen when you least expect them. From car crashes to slip and falls, these incidents can lead to significant injuries, leaving victims in pain and facing mounting medical bills. If you’ve been injured in an accident and have a pre-existing condition, you may wonder if you’re still eligible to file a personal injury claim in Florida. The answer? It depends.

Understanding a Pre-Existing Condition

Firstly, let’s define what we mean by a pre-existing condition. This term refers to any health issue or injury that existed prior to the accident in question. Pre-existing conditions can range from chronic ailments like arthritis to previous injuries such as a fractured bone or whiplash from a prior car accident.

Navigating a Pre-Existing Condition in Florida Accident Claims

Having a pre-existing condition doesn’t automatically disqualify you from seeking compensation for your injuries. However, it can complicate matters when pursuing a personal injury claim. Insurance companies may argue that your current symptoms are a result of your pre-existing condition rather than the accident. They may attempt to diminish the value of your claim or deny it altogether.

The Eggshell Plaintiff Rule

In Florida, there’s a legal principle known as the “eggshell plaintiff” rule. This rule states that the at-fault party is liable for the full extent of the plaintiff’s injuries, even if the plaintiff’s condition was more susceptible to harm than an average person’s. In other words, if the accident aggravated or exacerbated your pre-existing condition, you may still be entitled to compensation.

Proving Causation

Successfully pursuing a personal injury claim involving a pre-existing condition often hinges on proving causation. You’ll need to demonstrate that the accident directly contributed to worsening your pre-existing condition or causing new injuries. This can be challenging but not impossible with the help of skilled legal representation.

Seeking Medical Attention

If you have a pre-existing condition and are involved in an accident, it’s crucial to seek medical attention promptly. Not only is this essential for your health and well-being, but it also creates a documented record of your injuries and their relationship to the accident. Be honest with your healthcare providers about your medical history and any pre-existing conditions you may have.

Consulting with an Experienced Attorney

Navigating the complexities of personal injury claims involving a pre-existing condition requires the expertise of a seasoned attorney. A knowledgeable lawyer can assess the specifics of your case, gather evidence to support your claim, and advocate on your behalf during negotiations or in court if necessary.

Contact Us

Having a pre-existing condition doesn’t necessarily bar you from filing a personal injury claim in Florida. However, it can impact the process and outcome of your case. By understanding your rights, seeking prompt medical attention, and enlisting the help of a skilled attorney, you can pursue the compensation you deserve for your injuries and losses. 

For more information, visit fairnessforall.com or call our office directly in South Florida at 305-374-1011 or in Southwest Florida at 239-793-3331

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W&C

Our team has demonstrated the ability to achieve fair and just compensation for our clients . We provide potential clients with verifiable results from a variety of our cases; both large and small but all important to each individual person.