Does a Pre-Existing Injury Bar Me From Pursuing a Riverview, Florida Accident Claim?

Jim Curtis • September 20, 2024

As we age, most of us will suffer some degree of degeneration. It’s called the aging process. Some people can have pretty severe degenerative conditions and be completely asymptomatic, and never know it, for their entire life. Whereas others may be symptomatic and suffer daily from this condition.

 

For those who are asymptomatic – meaning that they have no symptoms of any problem - a single traumatic event can make that otherwise asymptomatic condition become symptomatic. And for those who have symptoms, any traumatic event, like a car crash, can aggravate their condition and makes it worse. In either case, the underlying degenerative condition would be considered a pre-existing condition to the traumatic event.

 

The issue of pre-existing conditions and injuries comes up a lot in injury cases and, despite what many people think, the fact that you may have a pre-existing condition does not bar you from pursuing a personal injury claim. With that said, it can pose some challenges. This is because insurance companies love to point at any pre-existing condition and use it as a defense to claim that it is the pre-existing condition that is the cause of all your problems, and not whatever accident you were involved in. But what can you really do about it?

 

Well, if you’ve been involved in a traumatic event – like a car crash - you can’t do anything about the fact that you have a pre-existing condition, but you can take some steps to make sure that it’s clear and known that your pre-existing condition either became symptomatic due to your accident, or that your condition was aggravated as a result of it. Here are three steps you can take to ensure that your records are properly documented when it comes to your pre-existing condition and the effect your trauma had on it.

 

1. Report your Accident Immediately

 

Making a report of your accident at the time it occurs is extremely important. Whether it’s calling the police after a crash or reporting a slip and fall to store management, this is your first opportunity to document the event and, more importantly, any corresponding symptoms that you may have. This is also the first place the insurance company is going to look to see if you made any complaints of pain.

 

If you report pain immediately after an accident, it makes it much easier to point to that accident as the cause of your pain rather than having it be due to some preexisting condition. To the contrary, if you don’t report it or, worse yet, you report the accident but don’t report your complaints, the insurance company is going to think that you were fine at the scene, and it will make it easier for them to say that any later problems aren’t related. 

 

2. Go to Your Doctor Immediately After Your Accident

 

Probably the most important thing you can do if you have a pre-existing condition and then aggravate it in an accident is to go to the doctor as quickly as possible after your accident. This is true even if your condition was asymptomatic.

 

The longer you wait to go a doctor after your accident the more that there will be what insurance companies call a gap in treatment. And in this scenario, the gap would be the period of time between the date of the accident and the first date of treatment. The longer this period of time, the more the insurance company will argue that the accident didn’t cause your problems. This is especially true if you had prior treatment for a pre-existing condition. 

 

But if you go to the doctor right after the accident, then you’ve at least documented the event in your medical records contemporaneously with your complaints. This makes it harder to argue that the accident had nothing to do with your problems.

 

3. Tell Your Doctor How Your Symptoms are Different

 

This obviously only applies to someone who has had prior treatment for a condition, and not someone who was asymptomatic before an accident.

 

If you’ve had prior treatment for your condition, telling your doctor how your symptoms are different or worse (actually describing the difference) is very important so that your doctor is able to note any differences in your records. The closer this is documented to the time of the accident, ideally on the same day, the better off you are. Then it is all about consistency from that point on.

 

When it comes to pre-existing conditions, it’s all about documenting your complaints early and, if you do have a prior condition that you know about, it’s about making sure that the doctors know how your symptoms are different from before.

 

Call Jim The Lawyer, Accident and Injury Attorney,

After Your Riverview, Florida Car Accident

 

Hiring an experienced car accident lawyer can make all the difference in the outcome of your Riverview car accident case.  If you’ve been injured in a Riverview, Florida car accident, Jim The Lawyer is here to help you fight to get the maximum compensation you deserve for your injury. If you’ve been injured as a result of someone else’s negligence, contact Jim The Lawyer, Accident and Injury Attorney, at (813)937-9907 for a FREE Consultation and Case Evaluation.

 

 

 

 

 

 

 

 

 

Insurance Surveillance After a Tampa Bay Accident: How Apollo Beach Injury Victims Can Protect Their Claims

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Lowball Settlement Offers After an Apollo Beach Car Accident: Why You Should Never Take the First Check

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Photos You Must Take After a Car Accident in Apollo Beach, FL

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Hospital, Urgent Care, or Chiropractor? Best First Steps After a Car Accident in Apollo Beach

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Insurance Adjuster Lies After a Florida Car Accident: What Apollo Beach Crash Victims Need to Know

By Jim Curtis • January 20, 2026
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Why All Personal Injury Lawyers Are Not the Same: What Accident Victims in Apollo Beach Need to Know

By Jim Curtis • January 13, 2026
Not all personal injury lawyers are the same. Learn what accident victims in Apollo Beach should know before hiring a lawyer after a car accident.

Who's at Fault in a Ruskin Rear-End Car Accident?

By Jim Curtis • January 8, 2026
Injured in a rear-end crash in Ruskin or Tampa Bay? Learn who’s at fault under Florida law, key exceptions, and how compensation is determined.

What Happens After You Accept a Personal Injury Settlement in Florida?

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Do I Have to Call the Police After a Car Accident in Florida?

By Jim Curtis • April 8, 2025
Do I Have to Call the Police After a Car Accident in Florida? There is nothing more inconvenient than being in a car accident. That’s why many people don’t even wait around to call the Police after one occurs. But is this legal? The answer depends on the circumstances of the crash, but understanding the legal requirements and practical implications can help you make an informed decision in an otherwise stressful situation. Florida’s Legal Requirements for Reporting Car Accidents Florida law requires you to file a police report if your crash meets any of the following criteria: · If there is any injury or fatalities · When there is property damage exceeding $500 · Hit-and-Run situations · If there is suspicion of impaired driving · The accident involved a commercial vehicle · A vehicle needs to be towed from the scene Failure to report your accident in such a case could potentially result in criminal penalties. However, although the law requires a report of the crash if any of these criteria are met, the law does allow drivers up to 10 days to file a crash report with local authorities if they did not call the police at the scene. This obviously would not apply in the case of injury or fatality, or if a driver is impaired. These should be reported immediately. Regardless of the situation, it is always best practice to call the Police after a car accident. Why You Should Call the Police Even When You’re Not Legally Required to Do So There are number of reasons why you should still call the Police after a car accident even if you don’t meet any of the criteria that would legally require you to do so. The reasons include: There is Less Chance for Conflicting Stories When information is gathered quickly at the scene of an accident by the Police, it can then be preserved and there is less chance that it can be misconstrued in the future. People also tend to be more forthcoming at the scene when talking to the Police. However, when given time to think about it, stories often change, especially if a person knows that a claim is being pursued against them. Calling the Police and getting a report can help prevent this happening. Document the Accident The Police Report is the best place to document your accident right after it happened. Unlike merely exchanging information with the other driver, having the Police obtain a statement from all parties involved as well from any eyewitnesses is crucial for any subsequent insurance claim. The Police will often also assign fault to a party, which can be useful in a subsequent claim as well. Document Your Physical Complaints The Police Report is your first opportunity to document any physical complaints that you may have, while still at the scene of the accident. This is very important, especially if you’re unable to seek medical treatment right away. In such a case, without a Police report documenting your complaints, the insurance company may question whether you were even hurt in the accident, especially if it took 4-5 days for you to get in to see a doctor. When You Might Choose Not to Call the Police Although it is always best to call the Police after a Florida car accident, there are times where it may not be imperative that you do so. One such situation would be in the case of a minor accident with no injuries. If the crash is minor and all vehicles are driveable, and nobody is complaining of any injury, waiting around for the Police to show up and take down your information may not be necessary – as long as you still take steps to properly document your accident. Those steps should include: · Exchanging Information: Take a photo of the other driver’s license and make sure to get insurance information. · Take Photographs: If you are not going to call the Police after your accident, it is even more important that you document the crash by photographs. Be sure to take photos of the scene of the accident, and of the damage to all of the vehicles involved in the crash. · Witness Statements: If there are witnesses to your accident, ask for their names and phone numbers so you can get a statement from them later, if necessary. From here, contact a lawyer if you have any questions about filing an insurance claim, or if you begin to feel pain and believe that you may have been injured. Challenges in Pursuing an Insurance Claim Without a Police An insurance company will question everything after an accident. This is especially true if there is no Police Report. Without a Police Report, there is a good chance that liability may be disputed, as there is likely to be conflicting stories from each driver. The Police will investigate the crash and determine who they believe caused the accident. This can help if there are conflicting versions of what happened. Another challenge is in proving that your injury is related to the accident, and not to something else. Without a Police report documenting your complaints, the insurance company may dispute your injuries and their relation to the crash. This is especially true if you don’t seek treatment right away. Call Florida Car Accident Attorney, Jim The Lawyer, for Legal Help Hiring an experienced car accident lawyer can make all the difference in the outcome of your Florida car accident case. If you’ve been injured in a Florida car accident, Jim The Lawyer is here to help you fight to get the maximum compensation you deserve for your injury.  Contact Jim The Lawyer, Accident and Injury Attorney, at (813)937-9907 for a FREE Consultation and Case Evaluation.

The Most Dangerous Roads and Intersections in Riverview, FL

By Jim Curtis • April 1, 2025
Riverview, Florida is one of the fastest growing areas in Hillsborough County. With this rapid population growth comes increased traffic congestion. This has made some areas of Riverview notorious for accidents. Below are some of the most dangerous roads and intersections in this region. Top Dangerous Roads and Intersections 1. U.S. 301 and Gibsonton Drive This is one of the most highly congested intersections in Southern Hillsborough County. Over a 15-month period, there were 95 reported crashes at this intersection. This is due not only to congestion, but also due to aggressive driving and frequent left-turn accidents. 2. U.S. 301 at Big Bend Road This is another very highly congested intersection during most times of day. The combination of speeding vehicles, failure to yield and poor visibility contributes to the danger of this intersection, which saw 86 accidents over a 15-month period. 3. Big Bend Road and Summerfield Boulevard Although this intersection is nestled in a residential community, it has accounted for 97 crashes within a 16-month period, with 14 serious injuries or fatalities. This intersection is dangerous due to its location which is known for speeding vehicles, and there is also very poor visibility for those making left-hand turns. 4. Big Bend Road and Summerfield Crossing Boulevard Located right down the street from Summerfield Boulevard is this equally dangerous intersection. Aggressive lane changes and insufficient signage are common issues contributing to the dangers present at this intersection. Over a 16-month period, there have been 92 crashes reported at this location. Common Causes of Car Accidents in Riverview, FL While many factors can cause a car accident, some of the most common causes of car accidents in Riverview, Florida include: · Failure to Yield : mostly occurring during the course of left-hand turns and due to drivers misjudging gaps in traffic; · Speeding: given the number of lanes of travel on roads such as U.S. 301, speeding has become a common occurrence in the Riverview, Florida area; · Poor Visibility: many intersections lack sufficient signage and become partially blocked to visibility due to overgrown landscaping; · Distracted Driving: texting and talking on mobile devices is problem on all roadways and is a significant contributor to accidents. Top 4 Things You Need to do After a Riverview, FL Car Accident Thankfully, car accidents are not a common occurrence for most people. However, when one occurs, it’s important to know what to do to best preserve your accident claim. Here are the top four things you should do after a Riverview, Florida car accident: 1. Prioritize Safety The first thing you should after an accident is to make sure that everyone in your vehicle is safe. If your vehicle is in a place of danger, move it to safety to avoid a secondary collision if possible. Then be sure turn on your hazard lights to ensure that your vehicle is visible to oncoming motorists. 2. Call 911 Calling the Police after a Riverview, Florida car accident is important for several reasons. First, the Police will document the crash and all parties involved, and conduct their investigation as to who is at fault for the crash. Second, the crash report that the Police will prepare documenting your crash will be your first opportunity to document any physical complaints you may have while you are still at the scene of the crash. This will be important for the insurance company to see and will help prevent any argument the insurance company may make that your injuries were not caused by the crash. 3. Take Photos Although the Police will be documenting the crash if you called them, it is still important for you, if possible, to take photographs of the damage. When taking photographs of the damage, don’t just take photos of your vehicle. Make sure to also take photos of all other vehicles involved in the crash. This is important because often times the other vehicle will have more damage to it than yours. In addition to taking photos of the damage to all vehicles, be sure to also take photos of the scene of the crash and the surrounding area. This will document everything as it existed at the time, and may also show nearby surveillance cameras that may have captured the crash as it occurred. 4. Seek Medical Attention as Soon as Possible The quicker you can seek medical attention after a crash, the better it will be for both yourself and any potential claim that you may have. By seeking immediate medical attention, you will not only be getting the treatment you need, but you will also be avoiding any argument related to a gap in treatment between the time of crash and your first date of treatment. Of course, in addition to doing these four things, you will also want to call a lawyer as soon as possible. A lawyer will conduct their own investigation of the crash and seek to preserve all relevant evidence for your claim before it is disposed of or destroyed. Call Jim The Lawyer After Your Riverview, FL Car Accident Hiring an experienced car accident lawyer can make all the difference in the outcome of your Riverview, Florida car accident case. If you’ve been injured in a Riverview, Florida car accident, Jim The Lawyer is here to help you fight to get the maximum compensation you deserve for your injury. Contact Jim The Lawyer, Accident and Injury Attorney, at (813)937-9907 for a FREE Consultation and Case Evaluation.