Can It Be Proved That Pre-Existing Injuries Were Aggravated By An Accident?
When you are involved in an incident, whether it is a car accident, a premises where you were injured as a result of a dangerous condition or you were assaulted on a premises and injured in that fashion, when you are hurt, you come with life experiences. Those experiences cannot be taken away or ignored. They have to be incorporated into your case. We do a very good job in the interview process of ascertaining any prior incidents whether the clients feel that they are relevant to the existing case or not. It is important that we ascertain that information because if there is a pre-existing condition, what we do is we get the medical records of that treatment for that prior condition.
Typically when you do new medical treatment and you receive new medical diagnostic studies, we are then able to compare the prior conditions with the current conditions and meet with the doctors to discuss the differences with regards to the two. You are going to have either completely different new injuries or you may have aggravation of existing injuries which were completely dormant prior to the new incident. If there is a new manifestation of an old injury, that is no longer an old injury, that is called an aggravation of a pre-existing condition. We are able to quantify that and we are able to get compensation and we have in the past for claims who have pre-existing conditions.
It is not the client’s fault that they had a pre-existing condition, the fault that the client has is none. It is the responsibility of the attorney then to make sure that everyone understands that just because you had something in the past, it is not going to take away from your ability to collect something in the future, especially if your past had healed and you are having no issues prior to the new injury.
If Someone Is Partly At Fault For An Accident, Is Their Personal Injury Claim Doomed?
Absolutely not. A client will still have a case and potentially a very good case. Just because there is some comparative fault and in Florida, we have comparative fault which means you are allowed to be compensated for whatever percentage or fault which is not yours. A lot of the times, clients bear some of the blame for what happened to them but it does not mean that just because they bear a small portion of the blame that they are not entitled to receive fair and adequate compensation for all the portion of the blame, which is not theirs, and is a result of a life changing injury.
The only time that there is no recovery would be a state which is not Florida that would have only joint and several liabilities; under those laws, if you do not collect one-hundred percent, you collect nothing. In Florida, there is a percentage of responsibility called Comparative Fault. Whatever a jury assesses the defendant percentage of fault is collectible. So if there is a ten dollar jury award and the claimant is twenty percent at fault, then the court would allocate to award to the claimant in the sum of eight dollars, they would deduct twenty percent of the total award, but you would still completely be compensated for the percentage of fault that is not yours.
Can A Traffic Ticket Jeopardize My Personal Injury Claim?
Absolutely not. Your ticket can be resolved regardless of your civil case. The traffic ticket that you received under Florida law is inadmissible in the civil case anyway. The fact that you just were charged with the ticket has absolutely no bearing on your civil case and the liability which means who is at fault in the civil case. They are completely separate, so do not be hesitant to call our firm and seek help even if you were the one that was cited with the ticket or both sides were cited with the ticket, it does not determine anything in regards to the potential of your civil case. Always keep that in mind.
For more information on Pre-Existing Injuries & Personal Injury Claims, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (305) 985-7800 today.
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