Can I file an accident lawsuit in Daytona Beach if I have a pre-existing condition?

Daytona Beach, FL – Under Florida’s insurance laws, if you’re injured in an accident caused by someone else’s negligence you may sue the party at fault once you’ve exhausted your Personal Injury Protection coverage. What happens if I have a pre-existing condition? How will that influence my claim?

First of all, yes, you can file a lawsuit or a claim against the other driver’s insurance, even if you have a pre-existing condition. However, it won’t be easy as the other party will try to blame all your medical issues on that condition so they don’t have to pay you damages. In such a situation it’s vital to talk to an experienced Daytona Beach personal injury lawyer as soon as possible. 

What are pre-existing medical conditions?

The term pre-existing conditions refers to illnesses that you’ve already had before the accident. They can be anything from chronic back pain to diseases such as diabetes, epilepsy, and even cancer. 

The most sensitive issue here is to prove that you’re experiencing new problems since the accident or that the crash aggravated your health condition, which wasn’t all that good to begin with. 

How will a pre-existing condition impact my accident claim?

That depends on the type of health issues you had before the accident. For instance, if you suffer from Type 2 diabetes and you break several bones in a car crash, no one will be able to say your mobility problems were caused by your pre-existing condition.

In other cases, the symptoms of a pre-existing condition can overlap those caused by an accident injury. Take, for instance, chronic back pain. Millions of Americans suffer from back pain. If you’re in a crash and you injure your back, this will only add to your misery. However, the other party will argue that you already had back pain and it’s not fair to now claim it’s all due to the spine damage you sustained in the crash. 

In such a situation, your lawyers may refer you to an independent medical examiner, for an expert opinion. 

This is not the same thing as a so-called “independent medical examination” requested by the other party’s insurer. Keep in mind that those are not independent examiners. They work for the insurer so they will try to minimize the extent of your injuries and blame all of your problems on the pre-existing condition. Talk to your accident lawyer if the other party asks you to submit to this type of examination. Under Florida laws, you are not required to submit or, if you do, you can record the exam.  

On the other hand, if you already have medical issues, a skilled lawyer can use them to your advantage. They will argue that life was hard for you even before the accident, but you somehow managed to carry on. After the accident, your pain is much more severe and your new symptoms are making your life even harder. 

If you were recently injured in any type of accident caused by someone else’s negligence in the Daytona Beach area, schedule a free consultation with an experienced lawyer at Pappas & Russell PA, and let them help you with your claim.

Contact info

Pappas & Russell PA

213 Silver Beach Avenue

Daytona Beach, Florida 32118

Phone: (386) 254-2941

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