Yes, you can go after money damages for the injuries you sustained if they aggravated a pre-existing medical condition. You cannot, however, get compensation for the original medical condition.
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Defendant Can Be Liable for the Harm Caused
Florida law holds that a defendant can be responsible for the harm caused by negligence. If the plaintiff had a pre-existing medical condition that made him susceptible to more severe injury or complications than one might expect from a typical person, the defendant has to pay for the actual harm caused. The defendant cannot merely pay the average amount of money damages. The bottom line is that if you have a pre-existing medical condition that was aggravated after your accident, you can still pursue a claim in Orlando, FL.
The “Eggshell Skull” Doctrine
The “eggshell skull” legal concept says that you take your plaintiff as you find him. In other words, the defendant is responsible for the full measure of the harm he causes, even if the level of harm is greater than expected. If a defendant causes a head injury to someone whose skull is as thin and fragile as an eggshell, the plaintiff can seek damages for the actual harm suffered. That’s why if you have a pre-existing medical condition that was aggravated after your accident, you can still pursue a claim in Orlando, FL.
A person who played contact sports like soccer or football in high school or college might suffer a severe traumatic brain injury from a blow that would tend to cause only a mild concussion, at most, in a typical person. Someone with a previous neck or back injury might experience more serious problems with subsequent injuries to those areas.
If you had an old injury that healed, a fresh injury could trigger pain and other issues that had resolved years ago. You might end up with chronic discomfort and impairment from the new harm.
Some pre-existing medical conditions can make a person more likely to suffer complications or side effects from an injury than someone without those illnesses or previous injuries.
For example, a person with diabetes might experience problems with wounds healing. If a person with diabetes sustains lacerations in the feet or lower legs in a car accident, those injuries could lead to amputations.
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A Lawyer Can Help with Your Orlando Car Accident Injury Claim
These cases are complicated. Because the damages are usually higher in these cases than in the typical claim for the specific type of injury, expect the insurer to question everything.
Once you have a lawyer on your side, the insurance company is not supposed to contact you directly or bother you. We can work directly with the insurer on your behalf. If you have a pre-existing medical condition that was aggravated after your accident, you can still pursue a claim in Orlando, FL. An attorney can help.
Help for Your Aggravated Pre-Existing Medical Condition Injury Claim
At the Law Offices of Anidjar & Levine, we go the extra mile. Our clients can focus on getting better while we take care of everything else. We work hard to get you all the money damages that you need to rebuild your life.
There is no charge for the initial consultation. You do not have to pay upfront legal fees. Our legal fees come out of the settlement or award at the end of the case. Call us today at 1-800-747-3733 to get started.