Can I Be Compensated For Pre-Existing Conditions After a Car Accident?

Being involved in a car accident in Tampa, FL, can result in traumatic injuries and permanent impairments. However, what happens if you have a pre-existing condition? Is the at-fault driver still responsible for the damages caused by the car crash?

Our car accident lawyers at Catania & Catania, P.A.  work with clients with pre-existing conditions to get them the compensation they deserve after a car crash. We understand the laws and legal arguments related to a pre-existing condition and car crashes. We will show you are still entitled to money for your injuries.

Contact our law firm or call (813) 222-8545 today in Tampa, Florida, to schedule a free consultation with one of our car accident attorneys to discuss your case. 

How Our Tampa Car Accident Lawyers Can Help if You’ve Been Injured in a Car Crash

How Our Tampa Car Accident Lawyers Can Help if You’ve Been Injured in a Car Crash

Our Tampa car accident attorneys at Catania & Catania, P.A. have almost three decades of experience handling car accident claims. Our legal team has recovered millions of dollars for accident victims since 1992, including those with pre-existing conditions. 

When you hire our legal team, you gain 120 years of combined legal experience on your side. You also gain the benefit of board-certified and top-rated lawyers.

You can expect us to:

  • Thoroughly investigate the car accident to determine fault for the crash
  • File insurance claims and handle all communications with the insurance companies 
  • Work with your physicians to determine how the accident aggravated your pre-existing conditions and identify new injuries caused by the crash
  • Document your damages and calculate the maximum value for your claim
  • Aggressively fight to protect your right to fair compensation, including filing a lawsuit and arguing the case in court if necessary

We are here to help you stand up to insurance companies and defense attorneys who want to cheat you out of the money you deserve. Call our office to meet with a Tampa car accident attorney for a free case review. 

What is a Pre-Existing Condition?

A pre-existing condition is any adverse health condition that you had at the time of your car accident. These conditions generally appear somewhere in your medical history. 

Examples of pre-existing conditions include, but are not limited to:

  • Diabetes
  • Cancer
  • Asthma
  • High blood pressure
  • Previously broken bones and fractures
  • Heart conditions
  • Pregnancy
  • Degenerative disc disease
  • Epilepsy
  • Fibromyalgia
  • Prior soft tissue injuries
  • Migraines
  • Prior concussions

You need to disclose your pre-existing conditions to your lawyer immediately. Your attorney will handle disclosing the conditions to the insurance company after reviewing your medical records and discussing your condition with your physicians. 

Insurance Companies Use Pre-Existing Conditions to Undervalue Claims

Insurance companies will search for a victim’s pre-existing conditions to use against them in an injury claim. They focus more on your prior injury or medical condition than the injuries caused by the car wreck. 

Claims adjusters can be very tricky. They may ask you to sign a HIPAA release for your medical records to “verify your accident injuries.” In reality, the adjuster will search your entire medical history for prior accidents, injuries, or health conditions.

The insurance company then focuses on the pre-existing condition. It claims that your current condition is not a result of the accident but a result of your prior injury or health condition.

The insurance company will claim that you are only entitled to a small settlement because your injury is related to your pre-existing condition. Do not fall for this deceptive tactic.

Accident claims involving pre-existing conditions can be extremely complicated. Therefore, you must be cautious when dealing with the insurance company. 

Anything you say could be used to hurt your claim. You need to tell the truth, but you need to be accurate. Claims adjusters ask leading questions during recorded interviews. It is best not to provide a statement, answer questions, or sign documents without consulting a lawyer. 

Damages Available for Aggravated Pre-Existing Conditions After a Car Accident in Tampa

The law does not penalize you for having pre-existing conditions or a prior injury before a car accident. If you sustained injuries unrelated to your pre-existing condition, you are entitled to compensation for damages related to the new injuries.

Likewise, if your pre-existing condition is made worse because of the accident, you are entitled to compensation for economic and non-economic damages related to the worsening of your condition. 

Potential damages that you could receive in a car accident case involving a pre-existing condition  include:

  • Lost wages
  • Pain and suffering
  • Scarring and disfigurement
  • The cost of seeking medical attention
  • Mental and emotional distress
  • Loss of enjoyment of life
  • Personal care and nursing care
  • Impairments and disabilities

You may have been more susceptible to an injury because of your pre-existing condition, but that does not mean you deserve less than fair compensation for damages. However, you must be truthful about your pre-existing conditions. If you try to hide prior injuries or health conditions, it could negatively impact the outcome of your case. 

Schedule a Free Consultation with Our Tampa Pre-Existing Conditions Lawyer

The statute of limitations for most car accident cases is four years from the date of the crash. However, there are exceptions to this rule. It is best to seek legal advice as soon as possible after a car crash. 

A negligent driver should not get away with causing harm because you have a pre-existing condition. We will fight to protect your legal rights. Call now for your free consultation with a Tampa pre-existing conditions attorney.