Suppose you have a pre-existing condition and are injured in a car accident. In that case, you will have a harder time proving the extent of your injuries and getting the settlement you deserve if you pursue a personal injury claim. Below, we explain what a pre-existing condition is, how it may affect your claim, and what steps you can take to strengthen it.
What is a Pre-Existing Condition?
In the context of a personal injury claim, a pre-existing condition is any health issue, illness, or injury you had before the accident. For example, if you had been diagnosed with osteoporosis (a condition that makes your bones more fragile) before being injured in a car crash, your osteoporosis would be considered a pre-existing condition. Many people suffer from some kind of health problem, making pre-existing conditions common amongst car accident victims.
How a Pre-Existing Condition Can Impact Your Claim
Having a pre-existing condition can impact your claim because it has the potential to influence how much you receive in a settlement. Keeping with the previous example, let's say you have osteoporosis and are injured in a car crash. The impact would’ve left the average person with minor injuries, but since you have osteoporosis, the impact broke many of your bones. The defendant and their insurance company may try to argue that your osteoporosis caused your injuries to be worse than they would’ve been, and therefore, your settlement should be reduced accordingly.
Florida’s Eggshell Plaintiff Rule
Fortunately, Florida law provides protections for injured people with pre-existing conditions. Under the Eggshell Plaintiff Rule, a defendant is fully responsible for the injuries they cause, even if those injuries are more severe because of the victim’s existing condition.
In addition, Section 501.5 of The Florida Bar Civil Jury Instructions states that if a plaintiff had a pre-existing injury, the jury must determine what portion of the current condition was caused by aggravation of that condition. If they can’t make that determination, they must award damages for the full extent of the plaintiff’s condition.
Proving the Aggravation of a Pre-Existing Condition
Even with these legal protections in place, it’s still your responsibility to prove that the accident aggravated your pre-existing condition.
Here’s how to do that:
- Seek medical attention immediately after the accident, even if you don’t feel seriously hurt.
- Follow your treatment plan consistently and keep records of all medical visits and treatments.
- Collect medical documentation related to both the accident and your pre-existing condition.
The stronger your medical evidence, the better your chances of receiving fair compensation.
Tips For Strengthening Your Personal Injury Claim
Besides medical records, there are other ways to support your case:
- Keep a personal injury journal: Record your symptoms, limitations, and how the injury affects your daily life.
- Ask for statements from family or friends: Their observations can help show how the accident has aggravated your condition and impacted your quality of life.
These personal accounts can be powerful evidence when negotiating a settlement or presenting your case in court.
Why Legal Representation Matters
It is in the defendant's and their insurance company’s best interest to do everything they can to give you the least amount of money possible in a settlement. An experienced attorney, like the ones here at Hancock Injury Attorneys, has the skill and know-how to anticipate and counter any curveballs the defendant and their insurance company may throw your way.
Contact Hancock Injury Attorneys For a Free Consultation
At Hancock Injury Attorneys, we have over 30 years of experience helping clients with complex personal injury claims, including those involving pre-existing conditions. Call us at 813-915-1110 to schedule your free consultation today.