If you are injured in an accident, it is very possible that it is not the first injury you’ve sustained. Throughout our lives our bodies age and the potential to develop medical problems becomes a reality for many. These medical problems exist whether or not they’re related to negligence. Dealing with prior injuries or conditions can lead to complex issues in a personal injury case and you can opt for construction accident injury claims for very serious injuries.
The Need to Show Causation
The basis of causation is one way defense attorneys representing negligent parties defend a case. Even if someone is truly negligent, it must be demonstrated the their negligence is the reason for causing your injuries. Many defense attorneys will argue that whatever pain, injury or disability you say you have from an accident actually “pre-exists” the accident, and thus is not caused by it. For example, if you have suffered from back pain most of your life, and someone rear ends the back of your car, and your only injuries are the same back pain as you had before, the defendant will argue there is a lack of causation, preventing you from recovery. The mechanical failure personal injuries can also affect a person badly and getting a lawyer can prove helpful in such cases.
This is a very easy defense to raise, simply due to the fact that we will surely have some sort of injury or ailment throughout our lives. Many of us live with routine daily aches and pains whether caused by a work injury, an injury playing sports, or other form of pain from the natural aging process.
Defeating the Pre-Existing Injury Defense
Fortunately, a good victim or personal injury attorney knows how to defeat these kinds of defenses. One way is simply using medical evidence to show that whatever injury or ailment you had before the accident is different than what you have now after the accident. Consider the example of back problems again. You may have had back pain before and after your accident. However, before your accident you may have had general muscle strain, but afterwards, you may have a herniated disc. The severity of pain could in fact be similar but objectively, these injuries are very different. The US citizens faced with personal injury claims in Canada can help with any injury related issues.
The law in Florida allows you to recover for exacerbation or aggravation of pre-existing injuries. This means that if an accident made your pre-existing condition worse, you still have a right to recover from the injury. Keep in mind that Florida has a threshold requirement that you must have suffered a permanent injury as a result of the accident. As such, you will need to follow your healthcare providers advice and obtain a legitimate medical opinion as to permanency.
If you are injured in an accident and make a claim, the insurance companies will inquire about your prior medical history and any pre-existing medical conditions. Since neck and back injuries are the most common injuries from motor vehicle collisions, they will certainly ask you about any neck or back pain you ever had before the accident, and if you have ever been diagnosed with any other medical conditions. Again, medical experts will be used to show the extent of prior injuries, but the frequency of your medical treatment visits is also good evidence. It is important that you have an insurance such as a life insurance plan, you may consider lifecoverquotes page as a good place to visit.
Speak to an attorney who understands how to deal with this common defense. Talk to Tampa personal injury attorney TJ Grimaldi at McIntyre Thanasides Bringgold Elliott Grimaldi & Guito, P.A. for a consultation on your pre-existing injury case today.
TJ Grimaldi joined McIntyre in 2011. McIntyre recruited TJ to create the divisions of personal injury and family law, as well as to expand the existing criminal defense practice at the firm. During TJ’s tenure at McIntyre, he has helped oversee and grow these practice areas. He continues to practice in these divisions while also expanding his own practice areas to include estate planning and immigration law. TJ is admitted to practice before the Supreme Court of Florida and the United States District Court for the Middle and Southern Districts of Florida.
