Understanding how preexisting conditions can affect a personal injury claim is crucial, especially in Florida where such circumstances are common. If you’re exploring a personal injury claim, you might be concerned about how your preexisting medical conditions might impact the process. At Baker Legal Team, we recognize the complexities and nuances of such cases. Our aim is to provide clarity and support to help you navigate these challenges.
Preexisting conditions can both complicate and potentially strengthen a personal injury claim. It’s essential to understand how these conditions interact with new injuries. Our board-certified team, led by Robert B. Baker, brings over 30 years of experience in handling such intricate cases, ensuring your rights are protected while you focus on recovery.
How Preexisting Conditions Influence Personal Injury Claims
Preexisting conditions are medical issues that existed before the accident or event that led to your current injury claim. These conditions can range from prior injuries to chronic illnesses. In a personal injury case, the defendant or their insurance company might argue that your current injuries are merely a continuation of these preexisting conditions.
The first aspect to consider is the “Eggshell Plaintiff” doctrine. This legal concept means that a defendant must take a plaintiff as they find them. If you have a preexisting condition that makes you more susceptible to injury, the responsible party cannot use this as a defense to reduce compensation. Your vulnerability does not diminish their responsibility for the harm caused by their actions.
However, distinguishing between injuries caused by the accident and symptoms of preexisting conditions can be challenging. Medical records and expert testimonies play a pivotal role here. They help establish a clear line between past medical issues and the current injury. For instance, if you had a previous back injury that worsened due to a car accident, medical evidence must show how the accident exacerbated your condition.
Evaluating the Impact of Preexisting Conditions
Insurance companies often scrutinize these cases to minimize their payout. Insurance adjusters may claim that your current suffering is not due to the accident but is a continuation of your previous condition. Therefore, providing detailed medical records and expert opinions is vital in these situations.
A thorough medical evaluation following the accident helps in documenting how the incident has aggravated your preexisting condition. It’s also essential to be honest about your medical history, as concealing preexisting conditions can harm your credibility and adversely affect your claim.
Your legal representation plays a significant role in this process. Experienced attorneys like those at Baker Legal Team understand how to present medical evidence effectively. We work to ensure that the impact of your preexisting conditions on the current injury is accurately represented and compensated.
Navigating Legal Challenges with Preexisting Conditions
The legal landscape can be complex when dealing with preexisting conditions in a personal injury claim. One challenge is the apportionment of damages. The law requires a clear distinction between damages caused by the accident and those related to preexisting conditions. Your attorney must demonstrate how the accident has aggravated your condition, leading to additional pain, suffering, or medical expenses.
Another aspect is the duration and severity of the impact. For instance, if a preexisting condition would have caused you pain for five years but the accident has extended that to 10 years, the responsible party may be liable for the additional five years of suffering.
Choose Baker Legal Team to Handle Your Claim Today
At Baker Legal Team, we specialize in personal injury cases involving complex scenarios like preexisting conditions. With over 30 years of experience and a deep understanding of Florida’s legal system, we are well-equipped to handle the nuances of your case. We work closely with medical professionals to ensure that your injuries, both new and aggravated, are thoroughly documented and presented in your claim.
With us, you’re not just another case number; your well-being and justice are our priority. To discuss your case and how we can assist you in navigating these legal challenges, call us at (561) 320-0000 or fill out our contact form. At Baker Legal Team, we’re committed to helping you achieve the best possible outcome in your personal injury claim.