Do Pre-Existing Injuries and Multiple Accidents Affect My Lawsuit?
Insurance companies will assert every defense possible to try to defeat your claim. They will try every trick to reduce the amount they have to pay you. One common strategy is to assert that you were injured before the present car accident. The insurance business will say:
- If you had a prior accident, you can’t recover
- If you had a prior injury (accident or no accident) in the same body location, you can’t recover.
Don’t let these assertions frighten you. Most times, there are legitimate reasons why their insured is still responsible. Most times, our Florida car accident lawyers can help you get a fair recovery.
How an experienced Florida plaintiff’s lawyer can help
First, our lawyers understand that insurance companies will ask about your prior medical history. They will ask about any accidents you’ve had. There may be limits on how far back in time they can ask about.
We also understand that this pre-injury insurance tactic often fails for the following reasons:
- Your pre-existing injury affected a different body part. If you break your arm due to a driver who ran a red light, it doesn’t matter that you previously broke your leg.
- The prior injury completely healed. If you broke your arm when you were a child or years ago, then your fracture should have healed before your injury. That you broke your arm again is not relevant.
- We usually review your medical history with your physician. Your current treating doctor, with our help, will review your prior injury. If your prior injury or prior accident didn’t affect your current injury, the doctor will know it and state it in your medical records.
- The new accident worsened your prior injury. Even if your prior injury was still causing you pain, you have the right to seek damages for the increased pain. If you need surgery now, when you didn’t before – the responsible driver should pay for the surgery.
A prior accident shouldn’t affect your Claim
Insurance companies and defendants cannot pick and choose their patients. Insurance companies can’t argue that the average person wouldn’t have a prior injury or should cope with the pain. If the current accident is causing you any pain that you didn’t have before the accident, you’re entitled to compensation.
Our Florida car accident lawyers explain that prior accidents should not affect your claim either. Most people have more than one accident in their life. A prior accident doesn’t’ mean you’re a careless driver. A prior car accident should not affect your damage claim. If this accident was someone else’s fault, the insurance company for the responsible party should pay for:
- Medical bills
- Lost wages
- Pain and suffering
- Scarring and disfigurement
- Property damage
Contact a respected Florida trial lawyer today
At Lulich Attorneys and Consultants, our Florida car accident lawyers understand the arguments insurance companies make. We anticipate the strategies defense lawyers use. For more than three decades, we’ve been helping Florida car accident victims obtain justice. Talk to a skilled attorney now. Call 772-589-5500 (Sebastian) or 772-774-7771 (Vero Beach) to schedule an appointment.