South Florida Injury Attorneys Blog

If victims have a pre-existing condition and are injured in an accident, it can complicate their personal injury claim. Pre-existing conditions can affect a victim’s eligibility for compensation and the amount they are awarded. It is important to understand the role of pre-existing conditions when filing a personal injury claim so that victims can make informed decisions and protect their rights.

In most cases, when a claimant starts the stressful task of seeking compensation, the first thing insurance companies will dig deep into is their health status. Doing this gives them a look closely at the victim’s pre-existing conditions. They may attempt to use these conditions as evidence to reduce or deny the claim. 

The insurance company may argue that the injuries were caused by a pre-existing condition rather than the accident itself. In some cases, they may argue that the pre-existing condition worsened the injury. For the plaintiff to receive fair compensation for their injuries, it is important to have evidence to prove that their injury was directly related to the accident and not to a pre-existing condition.

When we think of personal injury, physical trauma and pain often come to mind first. However, there is another layer of harm that can be just as devastating—the mental and emotional toll of personal injury. 

From the initial shock of the accident to the long-term effects of a traumatic experience, understanding the psychological impact of personal injury is essential for proper healing and recovery. In this blog post, we’ll explore the lasting effects of personal injury on mental and emotional health.

Anxiety

When pursuing a personal injury claim, having a witness can be invaluable. The witness’s testimony can provide key evidence to help establish and strengthen a case. A witness can provide a firsthand account of what happened, establish credibility and refute arguments from the other side.

A witness can be especially helpful if there are conflicting accounts of what happened. For instance, if they have an auto accident where the other driver claims they are at fault, a witness can provide a neutral third-party perspective to help clarify what happened. Witnesses can also testify about observations regarding any pain and suffering victims experienced or the accident’s impact on their lives.

Having a witness can also help establish credibility and lend more weight to the plaintiff’s case. The witness’s testimony will help prove that the plaintiff’s account of the accident is true and accurate. It also reinforces the seriousness of the injuries and the extent of the damages they are claiming.

Brain injuries occur when there is a disruption to the normal functioning of the brain due to a traumatic event. Various events, such as head trauma from a car accident, a fall, or physical violence, can cause this. Brain injuries are not limited to physical trauma and can also result from a stroke, lack of oxygen, exposure to toxic substances, or disease. 

Brain injuries can range from mild to severe, and the type and severity of the injury will determine the course of treatment needed. Depending on the type and severity of the injury, symptoms may include physical, cognitive, and/or emotional effects. Physical symptoms can include difficulty with balance and coordination, seizures, muscle spasms, and numbness or tingling in the limbs. 

Cognitive symptoms include confusion, difficulty concentrating or making decisions, memory loss, and impaired judgment. Emotional symptoms can include depression, irritability, changes in behavior, and impulsivity.