Can I Still Win My Personal Injury Case With A Pre-Existing Injury?

If you were injured in an incident where another party is at fault, such as a car accident, a slip-and-fall accident, or a case of medical malpractice, you deserve compensation for your injuries. In a personal injury case, you must prove that your injury was the result of the accident, and not caused by anything else. This is why so many people wonder if they can still win personal injury cases with a pre-existing injury. 

The good news is that you can still win your personal injury case with a pre-existing injury, but it might be a little more complicated. Read on to learn everything you need to know. 

Does My Pre-Existing Injury Matter?

Pre-existing injuries matter in personal injury lawsuits, because the goal of the lawsuit is to prove that the other party was at fault for your injuries due to negligence. Here's an example. Imagine you were doing some yard work and fell and broke your wrist. You ask your spouse to drive you to the hospital, but en route, you're hit by a negligent driver. That negligent drive didn't cause your broken wrist, and it wouldn't be fair if you claimed they did and got compensation for it. 

With this in mind, the at-fault party's lawyer and their insurance company will try their best to prove their client wasn't at fault. If there's even a slight chance that they were not responsible for your injury, you might not get fully compensated. This is why pre-existing injuries matter so much in personal injury cases. 

In the same example as above, let's suppose that while you were driving to get your broken wrist treated, you were hit by a negligent driver and it exacerbated the injury in your wrist. This is where things start to get a little complicated. If your wrist was made worse by the accident, then the at-fault driver must pay. 

What Kind of Conditions to Consider

The most common types of personal injuries occur due to accidents like car crashes, slip-and-falls, medical malpractice, and problems with defective products. Injuries from these accidents often include broken bones, back or neck problems (whiplash), head injuries, or chronic pain. The problem with this is that many of these conditions can be ongoing. This means you may still feel the effects of an injury sustained years ago. 

If it's discovered that you saw your doctor for a condition like neck pain before you sustained your current injury, the at-fault party's lawyer will undoubtedly try to prove that your injury was pre-existing. The truth is, only an expert can determine whether the injury was pre-existing or sustained in the accident. That's why it's so important to get expert legal advice in these cases. A personal injury attorney can help you gather the required documentation and evidence, so you have a better chance of proving your case. 

Will My Pre-Existing Injury Complicate My Case?

In most cases, a pre-existing injury will complicate your personal injury case. Remember, the goal of the case is for you to prove that your injuries were caused by, or made worse by the accident. Having testimony from witnesses and experts like doctors can help.  You'll have to provide medical documentation and medical records from before the injury and from after it, and you'll also have to provide an expert medical opinion that states that your injuries were the result of an accident. 

A personal injury lawyer understands the complications involved in cases like these and will help guide you through the entire legal process. They will be able to help determine if you have a solid case and how much compensation you may receive. It's a great idea to have a trustworthy expert on your side. If you've sustained an injury, it's probably a stressful time in your life, and having legal counsel can give you the peace of mind you need. 

Don't Let a Pre-Existing Condition Discourage You

While it's true that a pre-existing injury may complicate your case, that shouldn't discourage you from taking legal action. If you were injured in an accident, you deserve compensation for your injuries. The legal system is complex, though, and a pre-existing injury often further complicates things. Seek out an attorney who specializes in personal injury and has experience handling cases like yours. A great lawyer will fight for you and won't require payment unless you win your case. 

You can receive compensation for medical bills, lost income from missing work, pain and suffering, and ongoing treatment for your injuries, but you first must prove that your injuries were the result of someone else's negligence. After seeking medical treatment for your injuries, your next step should be to get in touch with a personal injury lawyer. They can help you figure out what to do next give you the legal advice you need. 


Over 100 Years of Combined Personal Injury Experience in Florida

Start My Claim(305) 931-6666

Reviews

QuoteQuote

Met with Robert after I had a car accident in Pembroke Pines. Very nice man. Nice staff who answered my questions and got a good settlement.

Paula A.

Great lawyers, great attention to detail, great trial strategies. I am a trial consultant who has worked with the top attorneys in the United States. NKP are the best of the best.

Amy Singer, Ph.D, Trial Consultant

Neufeld, Kleinberg & Pinkiert, PA handled my case against Uber for me and got me a great settlement after I was involved in an accident. They handled all of the negotiations with my doctors and with the other lawyers to get me the best deal possible. I definitely recommend their services!

Daniella Di Prizio


You Only Pay Legal Fees if We Win a Settlement

Neufeld, Kleinberg & Pinkiert, PA handles a variety of personal-injury cases. We understand that you are concerned about getting healthy, getting back to work, paying your bills and of course, being fully compensated for your loss. Contact us to start the path to wholeness from your injury today.

Get Consultation
  • NEVER Pay A Fee Unless
    We Win Your Case
  • Highly Experienced & Professional Representationur
  • Start Your Claim Off With A FREE Case Evaluation
  • Get Back To NORMAL... As Soon As Possible

Request a Free Consultation

All Consultations Are Free of Charge

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form
Avvo Rating 10
Top 100 US Verdicts
Super lawyers

Helping those
Injured in Accidents
Across Florida

While we are proud to call Miami and Aventura home, we are also more than happy to help injured people living anywhere in the Sunshine State. In fact, we’ve even been known to travel all around the country just to meet our clients’ needs.

We are here to help the residents of:

Recent Articles from the Blog

Who Can File a Wrongful Death Lawsuit in Miami?

After losing a loved one, knowing who can file a wrongful death lawsuit in Florida will help you on your path to justice and the recovery of damages.

March 5, 2022

Five of the Most Common Car Accident Causes and How to Avoid Them

Consider these helpful tips for avoiding a wreck due to the five most common car accident causes—Keep yourself and your passengers safe on the road.

February 25, 2022

Seven Motorcycle Safety Tips to Keep You Protected on the Roads

A motorcycle accident can result in massive medical expenditures, lost wages, and other consequences. Following these motorcycle safety tips will help keep you safe.

January 2, 2022

How deadly are Florida’s roads?

No snow, nice weather and great people make the Sunshine State one of the best places to live, work and retire in our country. Unfortunately, statistics show that Florida also has a rate of motor vehicle accidents that is much higher than other states.

December 15, 2021

Is Someone Watching Me? Surveillance in Personal Injury Cases

Insurance Uses Surveillance in Personal Injury Cases to Discredit Victims. A Dedicated Personal Injury Attorney Will Fight for the Compensation You Deserve.

December 15, 2021

I Was Injured While On Vacation In Miami - What Should I Do?

Florida is, without a doubt, one of the most popular vacation spots in the United States. Unfortunately, just because you are taking time off doesn’t mean accidents will do the same.

November 7, 2021