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Clearwater Criminal Defense Lawyer > Blog > Criminal Defense > Holding a Responsible Party Accountable and Pre-Existing Conditions

Holding a Responsible Party Accountable and Pre-Existing Conditions

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Despite stringent traffic laws in the state of Florida, there are times when reckless drivers disregard regulations and put others in harm’s way. Sustaining an injury in a traffic accident is incredibly stressful, and on top of your recovery physically, you may become involved in a complicated injury claim, especially if you have a pre-existing health condition.

Clearwater criminal defense lawyers are familiar with challenges individuals face when they are victims of others illegal behavior. When dealing with pre-existing conditions and damage recovery, understanding your rights and taking proactive steps can significantly strengthen your claim.

Distracted Drivers and Establishing Liability

Car accidents happen for a range of injuries. For instance, if you’re driving along Gulf-to-Bay Boulevard and a distracted driver runs a red light and T-bones your car, you may be left with serious injuries, exacerbating a pre-existing back condition. Should this occur, obtaining a settlement becomes a multi-faceted endeavor.

Part of this process will be making sure the at-fault driver is held responsible for their illegal behavior and establishing liability in order for you to access the monetary funds you need to be made whole for medical expenses and other losses. As the injured party, you must demonstrate the other driver’s negligence and how it directly caused your injuries, which could involve gathering evidence such as witness testimonies, police reports, and surveillance footage.

While the injury recovery process may seem straightforward at first, complications are common, including those that arise in connecting with pre-existing conditions. Insurance companies often exploit these conditions to diminish a claim’s value, arguing that your injuries were pre-existing or unrelated to the accident. To counter this, you will need thorough documentation of your medical history, such as records detailing your pre-existing condition’s diagnosis and treatment history.

Possibility of Exacerbating Pre-Existing Conditions

Seeking immediate medical attention after an accident is always best following a traffic collision, even if you believe your injuries are minor, and if you have health issues, know that delayed symptoms can exacerbate pre-existing conditions making it harder to prove causation. Be sure to see a licensed healthcare professional promptly, follow your doctor’s treatment plan diligently, and don’t downplay your symptoms during medical examinations.

Next, lean on the expertise of a Clearwater criminal defense lawyer. Attorneys know how to access evidence, such as medical reports and expert testimony, that corroborates the link between the accident and your injuries. Additionally, future medical expenses and loss of income will be considered when your attorney calculates your settlement demand.

Florida’s statute of limitations imposes a time limit on filing personal injury claims. To avoid jeopardizing your case, consult with an experienced attorney as soon as possible. A skilled legal advocate can navigate the complexities of personal injury law and protect your rights throughout the claims process.

Are you experiencing claim complications due to a pre-existing health issue? Holding a responsible party accountable for their actions requires diligence and perseverance, especially when dealing with an accident injury and pre-existing conditions. Discuss the details of your case with the attorneys at King Law Group to strategize next steps. Schedule your free consultation today.

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