Will Preexisting Conditions Impact My Personal Injury Case?

By |2019-12-14T11:36:43-05:00December 14th, 2019|Categories: Video Series|Tags: , , |

Oftentimes we have clients that come to our office with preexisting conditions. That means that they have an injury that preexisted this particular injury that they’re in our office for. And they always ask, is that going to impact my case? Well, the answer is of course, yes, but it does not nullify a claim for personal injuries. Essentially what the argument is and the way we move forward is that the accident, auto accident and motorcycle accident, uh, made worse a preexisting injury. Essentially it exacerbated a preexisting condition for which recovery is absolutely lawful. Uh, the, the ultimate issue though and the underlying legal concept is called causation. And this is an idea that the insurance companies will really harp upon is that the accident that we are dealing with on behalf of our clients did not cause the injury and the damages that our clients are complaining of.

And so one of our big hurdles and any personal injury claim is causation. Did the accident actually cause the damage? We see this argument oftentimes in low-speed collisions and auto accidents. So think of somebody, somebody getting in a rear-end collision and perhaps the impact felt severe inside the vehicle, but the physical evidence simply doesn’t support a high-speed collision. So something in the five to 10 mile an hour range. Our client’s pain is very real. They need medical treatment and damages were caused. But one of the hurdles that we always have to get over with these insurance companies is causation. They will stop at nothing to try to prove that the accident at hand did not cause the actual injury. They will pay tens of thousands of dollars to go hire biomechanical experts to try to prove their theory of the case. And so what is very important to know about that is that we need to set the case up from the beginning to make sure that our clients are getting the proper treatment to establish that in fact, this accident we’re slipping fall or trip and fall actually caused the damages complained of. And one of the tactics we use, and it’s no secret, is if you have any pre preexisting injuries, we try to go get those prior MRIs or x-rays to compare before and after the current accident. That’s one of the best ways to show with objective evidence that this accident did in fact cause these injuries that we are pursuing. Obviously, if you have any questions about preexisting injuries or causation related to your auto accident in st Petersburg, Florida, contact us today.

*The above has been transcribed by a third party service and has not been checked for accuracy

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