Mike Hancock is the founder of Hancock Injury Attorneys, a former insurance defense attorney, and an AV-Preeminent–rated lawyer by Martindale-Hubbell, with over 35 years of experience practicing personal injury law.
A pre-existing condition does not necessarily prevent you from pursuing a personal injury claim.
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 personal injury claim, and what steps you can take to strengthen it.
video transcript:
My name is Kaimonne D. and I'm a client of Hancock Injury Attorneys Law Firm. Hancock Injury Attorneys Law Firm did a fantastic job from the accident to seeking medical help. They basically made me feel like they care about me more than just the money. If I was y'all I would go with Hancock Injury Law Firm. I highly recommend it if you're involved in an accident, a car accident or any kind of accident, go with Hancock Injury Law Firm.
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.
If you have a pre-existing condition, it is important to understand how it may affect your personal injury claim and the compensation you may be able to recover for injuries caused or aggravated by the accident.
3 ways a Pre-Existing Condition Can Impact Your Personal Injury Claim
Having a pre-existing condition can impact your personal injury claim because it has the potential to influence how much you receive in a settlement. It may affect how the insurance company and other parties evaluate the cause and severity of your injuries and, ultimately, how much compensation you may receive.
Here are three ways a pre-existing condition can affect a personal injury claim in Florida:
1. It may affect how the severity of your injuries is evaluated
A pre-existing condition may affect how the insurance company evaluates the severity of your injuries and the compensation you may be entitled to recieve in your personal injury claim.
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 of the crash caused you to suffer multiple broken bones. This will have an impact on your personal injury claim.
2. the insurance company may argue your pre-existing injury caused your injuries
In a personal injury claim, the defendant and their insurance company may try to argue that your pre-existing condition, rather than the accident, caused your injuries to be more severe than they would have been. They may use this argument to dispute liability or attempt to reduce their settlement offer.
However, having a pre-existing condition does not automatically prevent you from recovering compensation for injuries caused or aggravated by an accident.
3. medical records and doctor testimony may become more important
When pursuing a personal injury claim, medical records and testimony from your doctors can be important in establishing your condition before the accident, how the accident affected you, and whether the crash caused a new injury or made the existing condition worse.
Documenting your medical history and the changes in your condition after an accident can help demonstrate the connection between the accident and your injuries and support your claim for compensation.
Florida’s Eggshell Plaintiff Rule
Fortunately, Florida law provides protections for injured people with pre-existing conditions pursuing a personal injury claim. 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.
Understanding how Florida law applies to pre-existing conditions can be critical when pursuing a personal injury claim and seeking compensation for injuries caused or aggravated by an accident.
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 in a personal injury claim:
- 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. They want to minimize the amount of money they pay to resolve your personal injury claim.
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 35 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.