How Pre-Existing Conditions Can Affect Your Florida Personal Injury Claim

If you’ve been injured in an accident in Florida, your path to compensation can be challenging. For individuals with pre-existing conditions, filing a personal injury claim may seem even more daunting. You may wonder if your condition will prevent you from receiving compensation for new injuries, or if insurance companies will use your medical history against you.

At DLopez Law Firm, we understand the complexities of personal injury claims, particularly for individuals with pre-existing conditions. In this blog, we’ll explore how pre-existing conditions can impact your claim and how our experienced legal team can help you secure the compensation you deserve.

Understanding Pre-Existing Conditions

A pre-existing condition is any injury, illness, or health issue that you had before the accident occurred. This could include chronic conditions such as back pain, arthritis, or previous injuries like a fractured bone that has since healed. Insurance companies often attempt to use these conditions to downplay or deny compensation, but having a pre-existing condition does not automatically disqualify you from filing a personal injury claim.

The key factor is distinguishing between your pre-existing condition and the new injuries caused by the accident. In legal terms, this is called the “eggshell plaintiff doctrine,” which means that defendants must take their victims as they find them. Even if you are more vulnerable to injury due to a pre-existing condition, you are still entitled to compensation for the aggravation of that condition or for any new injuries.

How Pre-Existing Conditions Affect Compensation

Insurance companies will closely scrutinize your medical history to determine the extent of your injuries. If they find a pre-existing condition, they may argue that your current injuries are simply a continuation of your previous health problems, rather than the result of the accident.

Notably, Florida law allows injury victims to recover damages for the aggravation of pre-existing conditions. If your accident worsened your prior condition, you have a right to seek compensation for that aggravation. This is known as the “aggravation of a pre-existing condition” rule.

Here are two primary ways pre-existing conditions can affect your personal injury claim:

Aggravation of Pre-Existing Conditions

If you had a pre-existing injury or condition and it was worsened by the accident, you are entitled to compensation for the increased severity of that injury. For example, if you had a previous back injury and were involved in a car accident that caused further damage, you could recover damages for the exacerbation of your back pain.

New Injuries vs. Pre-Existing Conditions

In some cases, you may suffer entirely new injuries that are unrelated to your pre-existing condition. Insurance companies may still attempt to link these new injuries to your prior medical history. It’s crucial to have a clear distinction between your new injuries and any pre-existing conditions. Proper medical documentation is vital to demonstrate the accident’s role in causing the new injuries.

Common Pre-Existing Conditions that Complicate Claims

Certain pre-existing conditions are more likely to be targeted by insurance companies. Some common examples include:

• Previous Back Injuries: If you’ve had back pain or surgery, and your accident worsens this condition, insurers may argue that the accident did not cause the injury, but rather that you’re experiencing the same old pain.
• Arthritis: Chronic conditions like arthritis can make it harder to prove that a new injury is entirely unrelated. Insurance companies may claim that your ongoing pain is due to arthritis rather than the accident.
• Previous Broken Bones: If you’ve suffered a fracture in the past and are involved in another accident, it may be difficult to prove that your current pain or mobility issues are due to the new injury rather than the old one.
• Head Injuries: Traumatic brain injuries (TBIs) can have long-lasting effects. If you had a prior concussion or head trauma, and a new accident causes additional cognitive problems, insurance companies will likely scrutinize the case closely.

How to Strengthen Your Claim When You Have a Pre-Existing Condition

Filing a successful personal injury claim when you have a pre-existing condition requires careful preparation and expert legal assistance. Here are steps you can take to strengthen your claim:

Full Disclosure of Your Medical History

It may be tempting to hide a pre-existing condition from the insurance company, but full disclosure is essential. If your medical history comes to light later in the process (and it likely will), it could harm your credibility and weaken your case. Be honest about your health issues so your attorney can build a solid case for how the accident aggravated your condition.

Seek Immediate Medical Attention

After an accident, it’s crucial to seek medical care right away. Delaying treatment can give the insurance company an opportunity to argue that your injuries were not serious or that they were not caused by the accident. A thorough medical evaluation will help document the extent of your new injuries and any impact on your pre-existing condition.

Obtain Detailed Medical Records

Medical records are a cornerstone of your personal injury claim. You will need detailed documentation of your health before and after the accident to show how the accident worsened your condition or caused new injuries. Your doctor can provide records and expert testimony that clarify the difference between your prior condition and the harm caused by the accident.

Work with an Experienced Personal Injury Lawyer

Navigating the legal process is complicated, especially when dealing with pre-existing conditions. At DLopez Law Firm, we have extensive experience in handling cases where pre-existing conditions are a factor. Our legal team will gather the necessary medical evidence, consult with experts, and develop a strong strategy to maximize your compensation.

Why Insurance Companies Deny or Reduce Claims Involving Pre-Existing Conditions

Insurance companies are in the business of minimizing payouts, and they will seize on any opportunity to argue that your injuries are not related to the accident. Pre-existing conditions provide them with a convenient excuse to deny or reduce your claim. Common tactics they use include:

• Claiming the Accident Didn’t Worsen the Condition: They may argue that your symptoms would have worsened over time regardless of the accident.
• Downplaying Your Pain and Suffering: Insurers often minimize the amount of compensation you deserve by asserting that your pain stems from pre-existing issues.
• Blaming Your Condition for Your Current Limitations: Even if you can no longer work due to the accident, the insurance company might claim that your inability to work is due to your pre-existing condition, not the accident.

Get the Compensation You Deserve – Contact DLopez Law Firm Today

If you’ve been injured in an accident anywhere in Florida, don’t let a pre-existing condition prevent you from getting the compensation you deserve. Whether you were involved in a car accident in Miami, suffered a slip and fall in Fort Lauderdale, or experienced a motorcycle accident in West Palm Beach, our experienced personal injury attorneys are here to help. At DLopez Law Firm, we have a deep understanding of how pre-existing conditions can complicate injury claims, and we are committed to fighting for your rights.

We serve clients throughout South Florida, including Miami-Dade County, Broward County, Palm Beach County, and the surrounding areas. Our dedicated legal team is ready to handle a wide range of personal injury cases, including car accidents, truck accidents, wrongful death claims, premises liability, and boating accidents. No matter where you are in Florida, we offer personalized legal representation to help you secure the best possible outcome for your case.

Don’t let insurance companies take advantage of your situation. Contact DLopez Law Firm today for a free consultation to discuss your case. Our compassionate team will review your injuries, gather the necessary medical evidence, and build a strong case on your behalf. Let us fight for the compensation you need to cover medical bills, lost wages, and pain and suffering.

Call us today at (305) 224-8354 or fill out our online contact form to schedule your free case evaluation. We’re here to serve injury victims across South Florida, from Miami to Boca Raton, and we won’t stop until you get the justice you deserve.