What Happens if an Accident Made a Preexisting Condition Worse in South Florida

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south florida preexisting
south florida preexisting

It is not uncommon for someone to be in less than optimal health before an accident takes place, whether it is due to a chronic condition, an active injury in the process of treatment or healing or some other factor. Those wondering what happens when an existing injury or condition is worsened by an accident should please read on, then contact an experienced Miami-Dade County personal injury attorney today to learn more about the effect preexisting injuries will have on your case in South Florida.

What effect does a preexisting injury or condition aggravation have on your personal injury case in South Florida?

It can greatly complicate your pursuit of compensation, even in the simplest of circumstances. You must always keep in mind that in South Florida, defendants can’t be held liable for injuries or conditions that existed prior to their negligence or intentional misconduct. However, they can be held financially liable if they make your preexisting condition worse. A preexisting condition can complicate the determination of liability and the calculation of damages due to the complexity of the human body and the inherent difficulty in assessing fault.

How does one circumvent preexisting conditions in personal injury cases in South Florida?

In order to work around your preexisting condition, you will have to prove that your preexisting injury or condition was of a specific type and severity before the accident and that it has since worsened in terms of nature or intensity. If, for example, you easily manage your symptoms with over-the-counter pain relievers before the accident, but require prescription painkillers and weekly visits to applicable medical professionals after the accident, then you will probably qualify for compensation.

Will preexisting conditions and injuries always hurt your case?

As it so happens, having preexisting injuries and/or conditions can be to your benefit. This is especially true if your injury or condition has been extensively documented and is the subject of ongoing treatment. A defendant will find it extremely difficult to explain away your new injuries or conditions as, say, the natural degeneration that comes with age, if you provide MRI images that show your condition before and after the accident. If the MRI images are only a few weeks before the accident, it could demonstrate that the new damage was the direct result of the defendant’s negligence or intentional misconduct. In that case, they will be forced to pay for all of your injuries. So, please do not hesitate to give us a call today.

Contact a Miami-Dade County, Florida Personal Injury Lawyer

If you’ve been seriously injured as a result of negligence, or your loved one lost his or her life due to the negligence of another, you need an aggressive legal team you can depend on. No matter the origin of the injury at hand, our firm has the resources to satisfy the burden of proof in your personal injury claim and win you the compensation you need. Contact us at Aigen Law Firm today to schedule your free case evaluation.