Florida Personal Injury – If I have pre-existing injuries, will this affect my claim?
If you’ve been involved in an accident and you’ve been injured, you’re going to need help getting back on your feet. But what if you’ve been injured before? A common worry of potential claimants is not being covered due to a previously existing injury. Read on for more details.
Almost everyone has some sort of pre-existing conditionThe human body, if properly cared for, is designed to be durable. For this reason, it is common to have a pre-existing condition that you may not know about until being examined for a completely unrelated reason. Disc herniation of the spine is a good example. Intervertebral discs sit between the bones of the spine and allow flexibility. These discs can be damaged by trauma such as a fall, but also as a result of the natural aging process or poor posture. According to the Florida Spine and Joint Institute, almost all adults have some level of herniation in their spine. However, not everyone with a herniated disc has degenerative problems and not everyone with degeneration will suffer from a herniated disc. The same applies for pain and other symptoms, they are completely on a case to case basis.
Establishing your baselineIn order to properly delineate between pre-existing and new injuries, seeing a competent medical provider in essential. They properly diagnose your injury to see what is new, what was already there, and what was made worse by your accident. Let's say that before an accident, you had a slightly herniated disc in your spine, but no pain until AFTER the accident. This means that the negligent accident exacerbated or aggravated a pre-existing injury. Perhaps you were at a baseline level of pain, and now that baseline level has been increased as a result of the accident. All of this can be determined by a medical profession who will provide an accurate timeline in order to back up your case.
Professional representationIf you've been hurt in an accident and are worried that your claim could be affected by your past medical history, it is imperative that you obtain professional legal representation in order to ensure that you get the financial and medical help you need. A lawyer can help explain to the insurance company the differences between pre-existing injuries and those that are exacerbated by a further accident, as well as argue your point to a jury. Without an attorney's help, it may be difficult to showcase the actual details of your case.