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In what way would a preexisting condition affect this claim in Florida?

Miami, FL |

>claimant,(C) had preexisting condition treated a decade ago.
>C is struck by 1 ton construction vehicle which was out of control of fellow employee.
>vehicle continues to do damage to third party's building, bending/breaking heavy materials.
>C suffers injury in same area of body as previous injury a decade ago.
>C has permanent scaring now (non visible in regular clothes).
>C has witnesses to accident which support claimant's version of events.
>C has pictures as well as third party has pictures of accident.
>C goes to Dr., C is released (with pain and tightness).
>weeks later claimant bends over and feels "pop/pain" at work and falls and cannot move.
>C is in hospital for days.
>C is released from hospital and is still in Dr care.
>C going to PT/specialist
>C is receiving indemnity.

>C had no issue with preexisting condition until struck at work by vehicle.

Attorney Answers 8


  1. Best answer

    Preexisting conditions muddy the waters in case evaluation if you listen to insurance companies. But, the law holds negligent defendants liable for any aggravation of a preexisting condition. The injury victim always receives far less than fair value if they do not retain an experienced personal injury attorney who faces such issues regularly. Here is more on preexisting conditions: [Blue-Link-Below]

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


  2. Insurance companies always cry "pre existing condition". Hire a lawyer to deal with this issue.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.


  3. I agree with my colleagues. A pre-existing condition is always a focal point for the Defendant's insurance carrier. The insurance carrier will use an established pre-existing condition to minimize the importance and/or value of a case. However, if it is shown by medical evidence that there is now a permanent aggravation of the pre-exisisting condition as a result of this last collision, then the "pre-existing condition" argument may be overcome. Expect the insurance company to remained focus on that issue though. Do seek legal counsel. All the best to you.

    The answer submitted by the above attorney is not intended to be, nor shall it be, deemed to be legal advice. The response is based solely on the information provided, which is insufficient to render proper legal advice. The answers shall not be construed as creating any attorney-client relationship. The questioner has the responsibility of obtaining legal advice from an attorney of their choosing and is encouraged to do so. You should consult an attorney who can further inquire on your legal matter and give you proper legal advice, according to the specific facts of your potential case.


  4. contact a lawyer specializing in workers compensation claims asap.


  5. A competent Florida workers compensation attorney will know how to deal with the pre-existing condition issue. Based on your statement, I think you will need to have an attorney represent your interests. Call one today.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.


  6. The short answer is that it could reduce your recoverable damages.
    The defendant argues everything is pre-existing.
    The plaintiff argues although there are pre-existing injuries they were not causing any issues pre-accident and were aggravated by the accident; or maybe, the pre-existing injuries made it more likely that the plaintiff was injured and since you take your plaintiff as you find him/her, the defendant is responsible.
    The jury decides, and you have the long answer to your question.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me vblawyer@bellsouth.net, or visit my website http://www.millerlawoffices.us


  7. Pre-existing conditions are relevant with respect to the legal determination of causation. It is a vital issue for any case.

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