The Impact of Pre-Existing Conditions on Florida Injury Claims
Introduction
When filing a personal injury claim in Florida, having a pre-existing medical condition can complicate the case. Insurance companies often try to argue that a victim’s injuries were not caused by the accident but instead were the result of an existing condition. However, Florida law allows injury victims to seek compensation even if they had pre-existing health issues, as long as the accident worsened their condition.
This guide explains how pre-existing conditions affect injury claims, what evidence is needed to prove an accident made the condition worse, and how to protect your right to compensation.
How Insurance Companies Use Pre-Existing Conditions Against Victims
Insurance companies will often try to reduce or deny claims by arguing that a victim’s injuries were not caused by the accident. Common tactics include:
- Claiming that the pain or symptoms existed before the accident
- Arguing that the accident did not significantly worsen the condition
- Requesting extensive medical history to find unrelated past injuries
- Offering a low settlement or denying the claim outright
While these tactics can be frustrating, victims still have legal rights to pursue compensation.
Florida’s Eggshell Plaintiff Rule
Florida follows the eggshell plaintiff rule, which protects injury victims with pre-existing conditions. This legal principle states that a defendant is responsible for the full extent of a victim’s injuries, even if the victim was more vulnerable due to a prior medical issue.
For example, if a person with a previous back injury is involved in a car accident that worsens their condition, they may still recover compensation for the additional harm caused by the crash.
The key to a successful claim is proving that the accident aggravated the pre-existing condition.
What Evidence Can Prove an Accident Worsened a Pre-Existing Condition?
To strengthen an injury claim, the following types of evidence may be used:
- Medical records showing the condition before and after the accident
- Doctor’s reports explaining how the accident worsened the injury
- Diagnostic tests, such as MRIs or X-rays, comparing past and recent results
- Testimony from medical experts linking the accident to the increased severity of symptoms
- Statements from family members or coworkers describing changes in mobility or daily activities
This evidence helps counter insurance company claims that the victim’s condition would have worsened regardless of the accident.
Common Pre-Existing Conditions in Personal Injury Claims
Certain medical conditions are frequently targeted by insurance companies as pre-existing issues, including:
- Back or neck injuries from prior accidents
- Degenerative disc disease or arthritis
- Previous fractures or joint injuries
- Chronic conditions such as fibromyalgia
- History of concussions or traumatic brain injuries
Even if a person had a prior condition, they are still entitled to compensation if the accident made the condition worse or caused new injuries.
How to Protect Your Injury Claim If You Have a Pre-Existing Condition
Taking the right steps after an accident can help protect a personal injury claim when pre-existing conditions are involved.
Seek Medical Attention Immediately
A doctor can assess whether the accident worsened an existing condition and document any new injuries. Delaying treatment may allow insurers to argue that the accident did not cause additional harm.
Be Honest About Medical History
Trying to hide a pre-existing condition can hurt credibility if the insurance company discovers it later. It is better to disclose past injuries and focus on proving how the accident made them worse.
Follow Doctor’s Orders
Attending follow-up appointments and completing recommended treatments can help establish the severity of the injury and the need for continued care.
Consult a Personal Injury Attorney
An attorney can handle negotiations with the insurance company, gather medical evidence, and counter attempts to deny or undervalue the claim.
Compensation Available for Worsened Pre-Existing Conditions
Victims may recover compensation for:
- Medical expenses for treatment related to the aggravated injury
- Lost wages if the condition prevents them from working
- Pain and suffering due to increased physical or emotional distress
- Future medical costs for long-term care or rehabilitation
The amount of compensation depends on the extent to which the accident worsened the pre-existing condition.
How a Personal Injury Attorney Can Help
Insurance companies often try to use pre-existing conditions to minimize payouts, but an experienced attorney can:
- Gather medical evidence to prove the accident made the condition worse
- Work with doctors and medical experts to provide testimony
- Negotiate with insurance adjusters to seek a fair settlement
- Take the case to court if the insurance company refuses to pay appropriate compensation
At Bonderud Law, we have helped injury victims overcome insurance company tactics and recover compensation, even when pre-existing conditions were involved. If you have been injured and your claim is being challenged, contact us today for a free consultation.
Conclusion
Having a pre-existing condition does not prevent an injury victim from recovering compensation after an accident. Florida law protects victims by allowing them to seek damages for conditions that were made worse by someone else’s negligence.
If an insurance company is trying to deny or reduce your claim due to a pre-existing condition, consulting an experienced personal injury attorney can help protect your rights and ensure you receive fair compensation.
