Pre-existing Conditions and Insurance after Auto Accidents By Chanfrau & Chanfrau on September 23, 2015

Like many people, your medical history may include past injuries. Fortunately, your health insurance will likely cover the cost of treatment. However, if you are involved in an auto accident, these conditions may prevent you from receiving the coverage you deserve. Some companies may claim that you are capitalizing on your health problems. They may argue that you are trying to receive double coverage. If you are having difficulty recovering your damages, it is important to work with a qualified attorney. At Chanfrau & Chanfrau, we have years of experience with auto accidents and other forms of personal injury. We can collaborate with your doctor and our medical experts. Then we will work to prove your claim and obtain the coverage you deserve. To learn more about auto accidents and pre-existing conditions, contact our Daytona Beach practice today.

How Auto Accidents Can Exacerbate Pre-existing Conditions

A pre-existing condition can make you far more susceptible to injury in an auto accident. Common conditions that can affect an accident may include herniated discs, degenerative disc disease, and head injuries. If you have one of these conditions, a minor collision can have dramatic consequences. Under Florida law, you can file a claim for the additional damage. However, you cannot file a claim for the original injury.

Your accident may have been someone else’s fault. Your pre-existing condition does not lessen that person’s culpability. Under the “eggshell skull theory” a negligent party is still liable for all damages. This holds true even if your existing condition makes your injuries worse than they normally would have been.

How a Pre-existing Condition Can Affect Your Insurance Claim

Although you are legally entitled to file a new claim, a pre-existing condition can make it more difficult to recover your damages. The defendant’s insurance company may dispute your claim. Therefore, it is important to disclose all previous medical conditions up front. You should even report health problems that seemingly have nothing to do with your current injury. In some cases, your medical history can give your claim more legitimacy. For example, you may not have suffered from your previous injury for many years. If you are now experiencing a flare-up, it can indicate the serious consequences of your recent accident.

Work with an Experienced Accident Attorney

In you have a pre-existing condition, it can be helpful to work with a personal injury lawyer. The team at Chanfrau & Chanfrau has decades of experience with auto accident claims. We are familiar with the complex laws regulating auto insurance and pre-existing conditions. We also know the arguments that the defendant’s insurance company may use. In addition, with our expertise, we have a good understanding of the medical side of accident law. We can discuss your case with your doctor, bringing in x-rays, MRIs, and other documentation, if needed. Our team also maintains working relationships with medical expert witnesses. These professionals can sometimes provide vital testimony for your case. With our comprehensive services, we can often settle auto accident cases out of court. However, we are also ready to go to trial if necessary.