Tips to Strengthen an Injury Case Involving a Pre-Existing Condition

Insurance companies often use pre-existing conditions to minimize payouts, arguing that the accident injuries were not caused by the incident in question. But after sustaining an injury in a Clearwater, Hudson, or Tampa accident, you can secure the compensation you need with the right approach and legal guidance.

What to Expect and How to Move Forward

A pre-existing condition refers to any health issue or injury you had before the accident occurred. These can range from chronic illnesses, like arthritis, to previous injuries, such as a back injury from a car accident years ago. In personal injury cases, the primary challenge is proving that the new incident aggravated your pre-existing condition, leading to additional pain, suffering, and medical expenses.

An insurance adjuster might argue that the accident didn’t cause the harm or that your condition would have worsened over time, whether the accident occurred or not. It is also possible they will suggest the accident only minimally aggravated your condition, therefore reducing the amount they owe you.

To counter these tactics, you need to provide compelling evidence and take strategic steps.

• Seek immediate care. After the accident, visit a healthcare professional immediately. A prompt medical examination helps document your injuries and the exacerbation of your pre-existing condition. Make sure to inform your doctor about your pre-existing condition so there is a clear record of you honestly sharing information.
• Gather records. Collect all your medical records, including those that document your pre-existing condition and your post-accident medical visits. This comprehensive documentation will help establish a clear timeline and show the difference in your condition before and after the accident.
• Follow treatment plans. Adhere to your doctor’s treatment plans and attend all follow-up appointments. Consistent medical care demonstrates your commitment to recovery and provides ongoing documentation of your condition.
• Maintain a pain journal. Document your daily pain levels, physical limitations, and the impact on your daily activities. A detailed pain journal can provide personal insight into how the accident has worsened your condition.
• Consider expert testimony. Once you share the specifics of your case with an attorney, your legal professional may suggest connecting with expert assessments. Professional testimony may support your position by explaining how your pre-existing condition was aggravated due to the accident.

Lawyers who have secured optimal outcomes for others with pre-existing health concerns understand the nuances of injury law and can effectively counter insurance company tactics aimed at minimizing your payout.

Negotiation Skills and Litigation Support

As soon as you connect with a Florida personal injury lawyer, they can begin the process of negotiating with insurance companies on your behalf, ensuring that you receive fair compensation for the aggravation of your pre-existing condition. If necessary, your lawyer can take your case to court, presenting a compelling argument to ensure you receive the compensation you deserve.

How has your pre-existing condition complicated your fight for full compensation? Don’t let insurance companies take advantage of your situation. Instead, seek professional legal assistance from the legal team at Roman & Roman. Doing so means you will have over 100 years of combined experience on your side. Schedule a confidential consultation today.

Although the law firm of Roman & Roman has offices in Clearwater, Hudson and Tampa, we handle cases and claims throughout  Florida. We also meet personally with our clients if at all possible, rather than impersonally over the phone or on the Internet.