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How Pre-Existing Conditions Affect Florida Injury Claims

After a car crash, slip and fall, or another type of accident, you may sustain an injury that leaves you with hefty medical bills, lost wages, pain and suffering, and other damages. If the accident wasn’t your fault and you file a claim against the liable party’s insurance company, you expect to be fully and fairly compensated by them. In the event the insurance company does not believe your injuries were actually caused by the accident and are related to a pre-existing condition instead, they may deny your claim or try to get you to accept a low offer. Keep reading to learn how pre-existing conditions can affect Florida injury claims.

Contact an experienced Fort Lauderdale personal injury attorney for help in proving that your injury was the direct result of an accident so you can get appropriate, fair compensation. To schedule a free, initial evaluation of your case, contact David I. Fuchs, Injury & Accident Lawyer, P.A. today.

What is a Pre-Existing Condition?

A pre-existing condition is a physical or mental condition or ailment that you had before an accident. For example, if you’ve had a back problem for years, you have a pre-existing condition as that issue was not caused by the accident.

Another example of a pre-existing condition is arthritis. If you’ve suffered from joint problems for a long time, you can’t state the crash caused your arthritis. You can, however, state that the accident made your condition worse. High blood pressure and depression are pre-existing conditions that are often exacerbated by accidents.

When a person’s pre-existing condition has been permanently aggravated, the injured person suffers permanent damages or changes to the normal course of an ailment or condition. The permanent aggravation of that condition causes damage that will never be fully reversed or healed, and therefore never return to their health status before the injury. Often, a doctor will wait to make the determination that an aggravation is temporary or permanent, once the person has reached his or her “maximum medical improvement,” at which time his or her activities of daily living (ADL) will not progress further in year, with or without the help of medical treatment.

Where the lines begin to blur – and where defendants often aggressively assert arguments against the plaintiff for “no new injury” – is when the pre-existing condition is associated with the accident-caused injury.

Should You Disclose a Pre-Existing Condition?

Contrary to popular belief, it’s vital to disclose your pre-existing condition when pursuing a personal injury case. If you fail to do so, you risk further complicating your case and may face a dismissal of your claim. By being honest and upfront about a pre-existing condition, you can show how said issue was aggravated by the accident.

Can You Receive Compensation for a Pre-Existing Condition?

The truth is that many insurance companies will try to use a pre-existing condition as an excuse to deny your claim or pay you less than it’s worth. While you cannot recover compensation for a condition that you had before the accident, you may be able to collect it if the crash worsened your condition.

Under the eggshell plaintiff theory, the insurer must consider your health and condition as is. An insurance company does not have the right to deny a claim simply because you have a pre-existing condition. Even if you’re more prone to injury because of your issue, you still have the right to get compensated fairly.

If you do get hurt in an accident and have a pre-existing condition, be sure your doctor provides you with medical documentation that proves how your injury affected your condition and/or was caused by this particular accident.

Why Should I Contact a Personal Injury Attorney?

A claim that involves a pre-existing condition can become complicated very quickly. Therefore, it’s a good idea to consult a highly skilled personal injury attorney who can help you collect relevant past and current medical documentation that proves how the accident worsened your pre-existing condition. Legal representation can reduce your risk of a claim denial or low offer, ensuring your rights remain protected, despite your pre-existing condition.

Speak With a Fort Lauderdale Personal Injury Lawyer Today

If you’ve incurred injuries in an accident and have a pre-existing condition, contact the David I. Fuchs, Injury & Accident Lawyer, P.A. as soon as possible. Attorney Fuchs will protect your rights, and make sure you don’t get taken advantage of by an insurance company. Reach out online to schedule a free case consultation.

Client Testimonials

“…the settlement I received was much higher than anticipated”

Fuchs was my car accident attorney and was very responsive from the first call. I had medical care the next day and the whole process was smooth. They handled everything with the insurance companies and coordinated all of the necessary medical information. It was a long process and in the end the settlement I received was much higher than anticipated I am more than happy and grateful for the outcome.

Sean O.
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“Not only did I get the medical attention I needed but I was compensated handsomely.”

It’s been a long bumpy road to recovery but with David and his office’s help, we finally got it done! Through a great network of professionals, David Fuchs makes a good experience out of what could’ve been quite a headache. Not only did I get the medical attention I needed but I was compensated handsomely. Thank you!

Giovanni G.
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“…they didn’t settle for anything and my boyfriend and I got what we deserved.”

I got in an accident in December 2021 when everyone was short staffed and insurance companies was not responsive. My boyfriend reached out to David F. and what a life changing experience. We had the pleasure of having all our worries handed to professional help. They worked diligently on our case, answered questions when asked and kept us updated on changes. More importantly they didn’t settle for anything and my boyfriend and I got what we deserved. I have dealt with others in the past but David got me the most according to the facts presented and never backed down when the insurance companies tried to make us settle for less. Thank you David, Jessica and the team for all your effort and hard work. I will recommend them to family and friends. [They’re] the best in town!

Sheila N.
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Evans P.
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“Mr. Fuchs and his staff were very helpful.”

I highly recommend Law offices of David Fuchs. Mr. Fuchs and his staff were very helpful. The case was handled in a timely manner and I was always informed if there were any changes or updates with my case.

Velouse G.
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“Mr. Fuchs is one of the hardest working attorneys that I know.”

Mr. Fuchs is one of the hardest working attorneys that I know. He is really good at what he does and puts 110% in you case. I have been using him for 19 years now and refer all my friends to him. I can leave him alone with my case and not call him all the time. I know he is working hard in my case. When he has any information he calls me and we go from there. There are not a lot of attorneys I can do that with! If you have any Personal Injuries please do call him. You won’t be disappointed!!

Libby E.
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“I would definitely refer to this firm as the go-to Florida personal injury gurus.”

At first I was afraid…I was petrified! I truly was! But the extensive knowledge, patience and professionalism I received brought me not only such peace and assurance that I was in good hands, but we got through my case like shining stars! David made sure I understood exactly what, when, where, why and [answered] whatever question I had. I would definitely refer to this firm as the go-to Florida personal injury gurus.

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Jonathan Z.
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“Never did I imagine myself getting into an accident.”

It has been an unexpected journey since stepping foot in Florida. Never did I imagine myself getting into an accident. I just want to thank the staff and all the support. The Therapy the doctors; you guys were awesome and made me feel better in my situation. This the first time I ever experience such a thing but I’m blessed , thankful and behind it all DAVID FUCHS who made it happen for me.

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N. Hit
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“He was able to settle my case with little to no trouble and did so in a very professional manner.”

David Fuchs was my car accident attorney. He was able to settle my case with little to no trouble and did so in a very professional manner. I would highly recommend him to others.

Samantha D.
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I got into an accident for the first time and I didn’t know what do or how things works, but I was lucky to find a professional and helpful people to guide through this experience.
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Karen G.
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“Very professional. Had no problems with communication”
Zuberi L.
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“He was there every time I called and got me a great settlement.”

I was in a car accident and looking for a professional, caring attorney.I was fortunate to find Mr. Fuchs, who helped me through the whole process. He was there every time I called and got me a great settlement.

Joan K.
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“My settlement was fast, fair and professionally handled.”

Had a car accident and needed an advocate to communicate my concerns through my insurance provider. The law office of David Fuchs, was efficient and thorough. My settlement was fast, fair and professionally handled. Would highly recommend giving this office a call if you need legal assistance.

Willie M.
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S. Rodriguez
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I was in an accident mid last year and Mr. Fuchs handled my case and his case manager[s] Yessi and Jessica were very informative as to the process. They got me my settlement pretty quickly and worked hard on my case for me. Mr. Fuchs was extremely knowledgeable and informed me of everything that would happen in my case. I will recommend this firm to my family and friends and i will be using their services in future if need be.

Pastor D.
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