It is a personal injury myth that a car accident victim in Tampa, FL, cannot be compensated for pre-existing conditions after a crash. However, the insurance company for the other driver will use pre-existing conditions to try to deny and undervalue your personal injury claim.
Accident victims are entitled to fair compensation for damages, regardless of their health conditions, illnesses, or injuries before the car accident. The car accident attorneys in Tampa of Roman Austin Personal Injury Lawyers stand up for the rights of accident victims. We fight for fair and full compensation for all damages caused by a car accident.
How Roman Austin Personal Injury Lawyers Can Help You Recover Compensation for Pre-Existing Conditions after a Car Accident in Tampa
Our injury lawyers at Roman Austin Personal Injury Lawyers have more than 75 years of combined legal experience handling car accident claims. Our Board Certified trial lawyers have seen all insurance defense tactics during their years practicing law. They know how to fight allegations that a pre-existing condition prevents recovery for a personal injury claim.
We understand how insurance companies handle claims and how to fight back against bad faith and unjust claims practices. When you choose Roman Austin Personal Injury Lawyers to handle your claim, you can expect us to:
- Use our experience, skills, and resources to investigate the crash and gather evidence proving your case
- Provide sound legal advice, support, and guidance throughout your case
- File insurance claims and demand full compensation for all damages
- Consult expert witnesses and specialists to build a stronger case
- Identify all parties who could be liable for your damages
- Document all damages to calculate the correct value for your case
- Defend you against allegations of failing to mitigate damages and comparative fault
- File a lawsuit and argue your case at trial when the at-fault party refuses to agree to a fair settlement amount
Do not let an insurance company convince you that a pre-existing condition prevents you from receiving compensation for car accident injuries. Instead, get help with your case from experienced, aggressive car accident lawyers in Tampa, Florida.
What Is the Eggshell Skull Doctrine and How Does It Apply to Pre-Existing Conditions?
Many states have adopted the legal theory of the Eggshell Skull Doctrine, including Florida. The legal theory argues that a party is accountable even if the damages caused were unexpected. In other words, an at-fault party is responsible for damages even though the victim might have been more vulnerable because of a pre-existing condition.
For example, suppose a car accident victim had a prior spinal cord injury. The spinal cord injury was stable before the car crash.
However, because of the prior spinal cord injury, the victim had a higher risk of paralysis from secondary injuries. After the car crash, the victim is partially paralyzed.
The Eggshell Skull Doctrine holds the driver who caused the crash liable for damages arising from the paralysis because the victim would not have been paralyzed had it not been for the crash. The at-fault driver cannot escape liability because the victim is more susceptible to paralysis than other individuals.
Examples of Injuries and Medical Conditions That Could Qualify as “Pre-Existing Conditions” in a Car Accident Case
Any medical condition or previous injury is considered a pre-existing condition for a car accident case. Examples of pre-existing conditions include, but are not limited to:
- Back injuries
- Knee injuries
- Traumatic brain injuries
- Herniated discs
- Heart conditions
- Soft tissue injuries
- Shoulder injuries
- Spinal cord injuries
- Fractures and broken bones
The at-fault driver can be held liable for new injuries related to a pre-existing condition. If the car accident caused a stable pre-existing condition to worsen, the at-fault driver could be liable for those damages.
However, the at-fault party is only liable for the damage they cause. They cannot be held liable for ongoing treatment of a pre-existing condition if the crash did not make the condition worse.
What Damages Can I Receive for a Pre-Existing Condition After a Car Accident in Tampa?
Always disclose prior accidents, injuries, and pre-existing medical conditions to your attorney immediately. Trying to conceal pre-existing conditions could damage your case.
Accident claims involving pre-existing conditions tend to be more complicated than other car accident cases. You have the burden of proving that the damages you sustained would not have occurred had it not been for the crash. Sometimes, it can be challenging to identify which treatment and damages are related to the car crash when you have a pre-existing condition.
Our attorneys at Roman Austin Personal Injury Lawyers work with medical specialists and expert witnesses to distinguish the damages caused by a car accident. Expert testimony and opinions can impact settlement negotiations and jurors.
Our Tampa personal injury lawyers fight to recover full compensation for all economic damages caused by the car accident and the aggravation of a pre-existing condition. We work to recover reimbursement for all financial losses and expenses, including loss of income and medical expenses.
We also aggressively pursue a claim for non-economic damages. You deserve to be compensated for the pain and suffering, impairments, and emotional distress caused by a car accident.
Schedule a Free Consultation With Our Tampa Car Accident Attorneys
Our legal team at Roman Austin Personal Injury Lawyers is here to help you after a car crash. Call our law firm to schedule a free consultation to discuss your case with one of our Tampa car accident attorneys.