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Pre-Existing Medical Condition

Published on: October 21, 2022 | By Roger P. Foley

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If you have a pre-existing medical condition, an injury can become significantly worse when a new accident occurs. This is because the original condition may have caused damage to your body that makes it more vulnerable to further injury. For example, if you have arthritis in your knees, a fall could result in a much more serious injury than if you did not have arthritis. If you have a pre-existing medical condition, it is important to be extra careful to avoid accidents and injuries. Unfortunately, we can be careful but an accident can always occur if and when others act negligently.

Pre-existing injuries can complicate personal injury cases. If you have a pre-existing condition, it may be difficult to prove that your injury was caused by the accident and not by the pre-existing condition.

There are a few things you can do to try to overcome this obstacle. First, get medical treatment for your injury as soon as possible after the accident. This will help to establish that the injury was caused by the accident and not by the pre-existing condition.

Establishing A Personal Injury Case In Florida

Published on: August 7, 2022 | By Roger P. Foley

pi-west-plam-beach-personal-injury-lawyer-300x200 In order to establish a valid insurance claim or a personal injury lawsuit in the state of Florida, the individual must first prove that the other party was negligent in their actions.

In order to prove negligence, the individual must first show that the other party owed them a duty of care. This means that the other party had a responsibility to act in a certain way in order to avoid causing harm. Second, the individual must show that the other party breached this duty of care by failing to act as they should have. This can be done by showing that the other party acted differently than a reasonable person would have under the same circumstances. Third, the individual must show that they were actually injured as a result of this breach of duty. Finally, the individual must show that their injuries were caused by the other party’s negligence and not by anything else.

Comparative Negligence

What Is Accident Report Privilege In Florida And What Does It Mean For You As A Driver Or Passenger Involved In A Car Accident?

Published on: August 4, 2022 | By Roger P. Foley

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Accident report privilege is a law in Florida that protects drivers and passengers that are involved in a car accident from having their statements used against them in court. This means that if you are involved in an accident, the information that you provide to law enforcement can not be used against you in a civil or criminal court.

Florida Statute 316.062 provides that the driver of any vehicle that is involved in a motor vehicle crash resulting in injury or death SHALL provide:

Name, address and registration of vehicle they were driving; and