One of the questions I hear the most from clients is, “Will my pre-existing condition hurt my case?” And it’s a fair question! If you’re injured in an accident and you’ve got a medical history that includes, say, back problems, it’s natural to worry that the insurance company might use this against you. But the good news is that, with the right approach, pre-existing conditions don’t have to derail your personal injury claim. Let’s walk through how this all works.
What Is a Pre-Existing Condition?
A pre-existing condition is any medical issue you had before the accident occurred. It might be an old injury, a chronic condition, or just something you were managing day-to-day. Common examples include things like back or neck pain, arthritis, or even old injuries from past accidents. When a new injury happens, it can either aggravate (worsen) the existing condition or lead to an entirely new issue.
How Pre-Existing Conditions Affect a Claim
Insurance companies often look for reasons to reduce or deny claims, and pre-existing conditions can give them a reason to push back. They might argue that your injuries were from your prior condition, not the accident, or that the accident didn’t make your condition any worse.
But here’s the key: Florida’s “Eggshell Plaintiff” rule. This rule means that even if you were more vulnerable because of a pre-existing condition, the at-fault party is still responsible for any additional harm caused by the accident. So, if you had an old back injury that got worse after a car crash, the other party can’t avoid responsibility just because you were already dealing with pain.
Proving Aggravation of Pre-Existing Conditions
To make sure you get fair compensation, we need solid medical evidence showing how the accident worsened your pre-existing condition. This is where I work closely with doctors and other medical experts to provide clear documentation. We’ll get detailed records of your condition before the accident and contrast them with your post-accident symptoms. Medical professionals can pinpoint what’s new or worse since the accident, which strengthens your case.
For instance, if you had a bad knee from an old sports injury, but now you’re experiencing sharp pain or limited movement after an accident, your doctor can highlight these changes. That documentation helps us show the impact of the new injury on your daily life.
The Importance of Being Honest About Your Medical History
When dealing with pre-existing conditions, honesty is the best policy. Don’t try to hide your medical history – it’ll only hurt your case if the insurance company finds out later. Be open about past injuries and health issues. In my experience, transparency shows that we’re not trying to exaggerate anything. Instead, we’re simply focused on getting you the compensation you deserve for the real impact this accident has had on you.
How I Can Help
My job is to make sure insurance companies don’t shortchange you just because you have a pre-existing condition. We’ll gather the necessary medical records, work with healthcare providers, and build a case that shows how the accident has genuinely affected your life. I want you to get fair compensation, and part of that is making sure the full story – including how the accident has worsened your condition – is heard.
Final Thoughts
If you’re dealing with an injury on top of an old one, don’t let a pre-existing condition stop you from seeking the compensation you deserve. Florida law is clear: you have the right to pursue damages if an accident made things worse, even if you were already managing a previous issue.