Truck Accident Pre-Existing Injury

Answer:

One of the questions some people have when they’re involved in a trucking accident case and they have, let’s say, some prior neck pain. They have the trucking accident, and then they have worse neck pain and end up with a surgery, and they ask, “I had this prior condition, so isn’t the insurance company going to try and say that that’s why I had the neck surgery?” Absolutely. That is what the insurance company will say, but our treating physicians will be able to detail your prior history, how your condition got worse, and then how that ultimately required the surgery. We know the right questions to ask those doctors to make sure they’re coming up with the appropriate opinions.

It’s important to have the right attorney to be able to build that case. In Florida, the law actually says that if you have a preexisting condition, the defense or the insurance company has to take you as you are. They can’t hold that against you because you have a preexisting condition. If they aggravate that condition, then they’re ultimately responsible for it. We make sure you see the right doctors who are able to appropriately detail those things so when it comes to it, that argument made by the defense of a preexisting condition is not a strong argument, and we have the evidence we need to be able to combat that argument and get you fair value for you case.

If you have a trucking accident case and you have a preexisting condition, don’t be scared away by that. We can still help to maximize the value of the case.