How Pre-Existing Conditions Can Affect Your Bradenton Personal Injury Claim
A prior injury or chronic health condition should not stop you from recovering compensation after someone else causes you harm. Unfortunately, insurance companies often use a claimant’s medical history as a weapon, arguing that your pain and limitations existed before the crash ever happened. Our experienced Bradenton personal injury lawyer explains how pre-existing conditions factor into your claim and how you can protect yourself.
How Insurance Companies Use Pre-Existing Conditions Against You
When dog bites, slips and falls, car crashes, or other types of accidents happen in Bradenton, it can leave you suffering serious personal injuries. Under the Florida Statutes, when others are at fault, you have the right to hold them liable for your losses.
In many cases, they have insurance to help cover costs. As soon as you file a claim, one of the first things the insurer will do is request your medical records. They are looking for prior injuries, surgeries, chronic conditions, or any history of pain in the same area of your body that was affected in the accident. Common ways insurers try to use your medical history against you:
- Claiming your injuries were pre-existing and unrelated to what happened.
- Arguing that your treatment is related to a prior condition, not the accident.
- Using gaps in your medical records to suggest your injuries are exaggerated.
- Disputing the severity of your condition by comparing it to prior diagnoses.
- Offering a lowball settlement before you fully understand the extent of your aggravated injuries.
Knowing these tactics in advance puts you in a much stronger position to push back.
How To Protect Your Bradenton Personal Injury Claim When You Have a Pre-Existing Condition
The Centers for Disease Control and Prevention reports that nearly 60 percent of American adults live with at least one chronic condition. Pre-existing injuries and health issues are the norm, not the exception, and Florida courts recognize that reality. To protect your claim:
- Seek medical attention immediately and tell your provider about any prior conditions.
- Be honest and consistent in all medical appointments about your symptoms before and after the crash.
- Ask your treating physician to document specifically how the accident aggravated your condition.
- Gather prior medical records to establish a clear baseline of your health before the crash.
- Avoid discussing your medical history with the insurance company without an attorney present.
- Work with an experienced Bradenton personal injury lawyer who can retain medical experts if needed to demonstrate the extent of your aggravated injuries.
The stronger your documentation, the harder it is for an insurer to draw a false line between your past and present condition.
Request a Consultation With Our Experienced Bradenton Personal Injury Lawyer
Personal injuries in Bradenton can aggravate pre-existing conditions. Unfortunately, insurers may try to use this as a reason to deny or downplay your claim. At the Lavely Law Firm, we protect the rights of victims throughout Manatee County, negotiating with insurers on their behalf and fighting for the maximum recovery.
To request a consultation, contact our Bradenton personal injury lawyer today for experienced legal help.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html
