Injured in a car accident in Clearwater, Florida? Winters & Yonker Personal Injury Lawyers can help. Call (727) 493-4418 to arrange a free consultation with a Clearwater auto accident lawyer. We’ll stand up for your rights and work to secure the compensation you deserve.
Pre-existing conditions can give insurers an excuse to deny or undervalue your claim. Our legal team knows these tactics and how to fight back. We work on contingency, meaning you pay nothing unless we win. Contact us anytime; our attorneys are available 24/7 to discuss your case.
Why Choose Winters & Yonker Personal Injury Lawyers For Help With a Car Accident Case Involving Pre-Existing Conditions
After a car accident in Clearwater, FL—especially when pre-existing conditions are involved—navigating the claims process can be challenging. At Winters & Yonker Personal Injury Lawyers, we know the strategies insurance companies use to undervalue these cases.
Our accomplishments include:
- 119 years of combined legal experience in personal injury law
- Tens of millions recovered for injury victims
- A reputation built on trust, skill, and aggressive advocacy
Our Clearwater personal injury attorneys have the knowledge, resources, and determination to pursue the best possible outcome for your case. Contact us today for a free case evaluation and let us get to work for you.
What Are Pre-Existing Conditions in a Car Accident in Clearwater, FL?
Pre-existing conditions are illnesses, prior injuries, and other health conditions that an accident victim has at the time of a car accident. Examples of pre-existing conditions include:
- Spinal cord injuries
- Broken bones
- Pregnancy
- Arthritis
- Brain injury
- Whiplash
- High blood pressure
- Diabetes
- Cancer
- Heart disease
- Soft tissue injury
- Concussion
- Epilepsy
A pre-existing condition can complicate a personal injury claim. However, an experienced accident attorney understands the law and how to argue that you are entitled to compensation regardless of a pre-existing condition.
How a Pre-Existing Condition Can Affect a Clearwater Car Accident Claim?
Some pre-existing conditions can increase a person’s risk of injury during a car accident. For example, a prior back injury could make a person more susceptible to a spinal cord injury in a crash. Pre-existing conditions may also worsen as a result of the accident. The insurance company may argue that you are not entitled to compensation for injuries related to a pre-existing condition.
However, the law says otherwise. Florida has adopted the “eggshell skull rule” for personal injury cases. The legal theory recognizes that an injured party may have pre-existing conditions that can worsen in an accident or increase a victim’s risk of injury. However, a negligent party cannot avoid liability for damages because a victim has an illness, disease, or other pre-existing condition.
Instead, liability for damages is based on the victim’s condition at the time of the crash. If the victim is in worse condition after the crash, they are entitled to compensation. The compensation is limited to the damages caused by the accident.
How Do I Prove a Clearwater Car Accident Worsened My Pre-Existing Condition?
It can be challenging to refute the insurance company’s claim that the car accident did not cause an aggravation of your pre-existing condition. However, our attorneys work to prove your claim by:
- Obtaining medical records demonstrating your pre-existing condition
- Comparing past diagnostic evidence and current diagnostic evidence to establish that your condition has worsened
- Using medical evidence and expert opinions to prove that your pre-existing condition was stable before the accident
- Documenting the damages you incurred because of the aggravation of your pre-existing condition.
You can receive economic and non-economic damages for a car accident claim involving pre-existing conditions. You could receive a settlement that includes loss of earnings, medical expenses, pain, and suffering related to the worsening of your pre-existing condition. Our legal team works to obtain a settlement or verdict that compensates you fully for all damages.
Talk to Our Clearwater Car Accident Lawyers About Your Pre-Existing Conditions Injury Claim
Do not allow the insurance company to use your pre-existing condition against you after an accident in Clearwater, FL. Get help with your car accident claim from an experienced Clearwater car accident lawyer at Winters & Yonker Personal Injury Lawyers.
Our legal team will work to obtain a settlement that compensates you for all damages, including any worsening of a pre-existing condition. If the insurance company refuses to negotiate in good faith, we won’t hesitate to take the at-fault parties to court.
Contact our office today for a free consultation with an attorney.
