How Pre-Existing Conditions Affect Personal Injury Claims in Florida
Introduction
When a person with a pre-existing medical condition is injured in an accident, insurance companies often try to argue that the injury was not caused by the accident but was instead a continuation of an existing health issue. This can make it more difficult for injury victims to receive full compensation. However, Florida law allows victims to recover damages if an accident worsens a pre-existing condition.
This guide explains how pre-existing conditions impact personal injury claims, what evidence is needed to prove an accident aggravated an existing injury, and how to counter insurance company tactics.
What Is a Pre-Existing Condition in a Personal Injury Case?
A pre-existing condition is any medical issue that existed before an accident occurred. Common examples include:
- Back and neck injuries from prior accidents
- Arthritis or degenerative joint disease
- Herniated discs or spinal injuries
- Past surgeries or chronic pain conditions
- Previous fractures or orthopedic issues
Insurance companies may attempt to reduce or deny compensation by claiming that the victim’s injuries were not caused by the accident but were instead part of their medical history.
Florida’s Eggshell Plaintiff Rule
Florida follows the eggshell plaintiff rule, which states that a negligent party is responsible for injuries they cause, even if the victim had a pre-existing condition that made them more vulnerable. This means that if an accident makes a pre-existing condition worse, the at-fault party can still be held liable for the additional harm caused.
For example:
- A driver with a history of back pain is involved in a car accident that significantly worsens their condition. The at-fault driver may be responsible for the new symptoms and increased medical costs.
- A person with mild arthritis suffers a slip and fall and develops severe mobility issues. The property owner may be held liable for the worsening of the condition.
The key issue is proving that the accident directly aggravated the pre-existing injury rather than the symptoms progressing naturally over time.
How to Prove an Accident Worsened a Pre-Existing Condition
To successfully recover compensation for an aggravated injury, victims must provide medical evidence showing that the accident made their condition worse. The following types of evidence can help support a claim:
- Medical records from before and after the accident to demonstrate changes in symptoms or severity
- Doctor’s statements explaining how the accident impacted the pre-existing condition
- Diagnostic imaging, such as MRIs or X-rays, showing differences before and after the incident
- Testimony from medical experts who can clarify the link between the accident and the worsened condition
- Personal journals or witness statements describing the increase in pain or mobility issues after the accident
By documenting how the injury changed after the accident, victims can strengthen their case and counter insurance company arguments.
Challenges in Personal Injury Cases Involving Pre-Existing Conditions
Insurance companies often use pre-existing conditions as a reason to deny or reduce compensation. Some common tactics include:
- Arguing that the injury was entirely unrelated to the accident
- Claiming that the victim’s symptoms were inevitable due to natural aging or disease progression
- Using medical history to suggest that the victim was already disabled before the accident
- Requesting extensive medical records in an attempt to find prior injuries that can be used to dispute the claim
To counter these arguments, injury victims should work with medical professionals and attorneys to provide clear evidence that the accident made their condition worse.
How to Protect Your Personal Injury Claim If You Have a Pre-Existing Condition
If you have a pre-existing condition and are injured in an accident, taking the following steps can help protect your claim:
- Seek medical attention immediately to document the impact of the accident on your health.
- Be honest about your medical history with doctors and attorneys, but focus on how the accident has worsened your condition.
- Avoid signing broad medical release forms from insurance companies, as they may use unrelated past injuries to challenge your claim.
- Follow all prescribed treatments and attend follow-up appointments to show that you are taking the injury seriously.
- Consult a personal injury attorney to ensure that your legal rights are protected and that insurance companies do not unfairly reduce your compensation.
What Compensation Can You Recover?
Even if an injury involves a pre-existing condition, victims may still be entitled to compensation for:
- Increased medical expenses due to the worsening of their condition
- Lost wages if the aggravated injury prevents them from working
- Pain and suffering related to the increased severity of symptoms
- Future medical costs for continued treatment or therapy
The key is proving that the accident directly caused additional harm beyond what the victim was already experiencing.
How a Personal Injury Attorney Can Help
An experienced personal injury attorney can:
- Gather and present medical evidence linking the accident to the aggravated condition
- Work with doctors and medical experts to support the claim
- Counter insurance company arguments that the injury was unrelated to the accident
- Negotiate for a fair settlement that includes compensation for all damages
- Take the case to court if necessary to fight for full compensation
At Bonderud Law, we help injury victims with pre-existing conditions recover the compensation they deserve. If you have been injured in an accident and an insurance company is trying to use a pre-existing condition against you, contact us today for a free consultation.
Conclusion
Having a pre-existing condition does not prevent someone from recovering compensation after an accident. Florida law protects injury victims by allowing them to seek damages if their condition was made worse by another party’s negligence. However, proving that an accident aggravated an existing injury requires strong medical evidence and legal strategy.
If you have been injured and have a pre-existing condition, consulting with a personal injury attorney can help ensure that your claim is handled fairly and that you receive the compensation you deserve.
