When one of us gets hurt as a result of someone else’s carelessness, we expect to be compensated for the harm, whether it’s for our medical expenses, our time out of work or our pain. But it’s very common for the responsible party (or the insurance company that might foot the bill) to say that a physical injury was from a “pre-existing condition,” and thus there’s nothing for them to pay for.
A recent Florida case, though, shows us that in the right set of circumstances, an injured party can recover despite having a pre-existing condition. The condition can sometimes even help your case if you can show that the other party’s negligence made your condition worse. That’s why it’s important to talk a lawyer after you get hurt, instead of taking an insurance company’s “no” for an answer.
In the Florida case, a woman had suffered back pain for several years before falling down a poorly maintained set of stairs in an apartment complex. After the fall, she had to visit the emergency room and required expensive long-term care from a chiropractor as well as costly pain-management medication. The woman’s own insurance company initially refused to cover any of her costs, claiming that her back injury was due to a pre-existing condition. The apartment complex made a minimal offer that didn’t come close to covering the woman’s expenses.
Ultimately, the woman had to take the apartment complex to court, where a jury decided the complex was at fault for her injuries even though she’d had a bad back before the incident.
Results vary depending on the facts and circumstances of your individual case. Still, if you suffer an injury that worsens your medical condition, call a lawyer to see what options you have.
If you need help with your personal injury claim, contact us today. The team at the Slusser Law Firm has helped many clients throughout Luzerne, Lackawanna, Carbon, Columbia and Schuylkill counties and the Greater Philadelphia area.