Suffering an injury is stressful enough, but if you have a pre-existing condition, it can complicate your personal injury claim. Insurance companies often attempt to minimize compensation by arguing that your injuries are not related to the recent accident. Understanding how pre-existing conditions affect your claim and how to prove that the accident worsened your condition is crucial to securing fair compensation.
What is a Pre-Existing Condition?
A pre-existing condition is any injury, illness, or medical issue you had prior to the accident. Common examples include:
- Previous back injuries
- Arthritis or joint pain
- Old fractures or sprains
- Prior surgeries or medical treatments
While having a pre-existing condition doesn’t disqualify you from seeking compensation, it does require proving that the accident aggravated or worsened your condition.
How Insurance Companies Handle Pre-Existing Conditions
Insurance companies often try to reduce payouts by:
- Blaming the Injury on Pre-Existing Conditions: They may argue that your current pain or limitations are solely due to previous health issues.
- Requesting Extensive Medical Records: Insurers may seek years of medical history to find reasons to deny your claim.
- Disputing the Severity of the Aggravation: They may argue that the accident had little or no impact on your condition.
Proving the Accident Worsened Your Condition
To overcome these tactics, it’s essential to present strong evidence that the accident aggravated your pre-existing condition. Here are the key steps:
- Seek Immediate Medical Attention: A prompt medical evaluation can help establish a clear link between the accident and your worsened condition.
- Be Honest About Your Medical History: Disclose your pre-existing conditions to your doctor and attorney. Concealing them can harm your credibility.
- Obtain Detailed Medical Records: Your healthcare provider should document how the accident has aggravated your condition, including specific changes in pain, mobility, or overall health.
- Request a Medical Opinion: A medical professional can provide an official statement confirming that the accident worsened your pre-existing condition.
- Gather Witness Statements: Testimonies from family, friends, or coworkers can help illustrate how your condition has changed post-accident.
The Eggshell Skull Rule in Florida
Florida follows the Eggshell Skull Rule, which means a defendant must take the victim as they find them. Even if a person is more vulnerable due to a pre-existing condition, the negligent party is still responsible for the full extent of the harm caused by the accident.
Did You Know?
Florida operates under a modified comparative negligence rule. This means that if you are found to be 50% or less at fault, you can still recover compensation—but the amount will be reduced by your percentage of fault.
Legal Advice
- Do Not Exaggerate or Minimize Injuries: Be honest and consistent about your condition and symptoms.
- Keep Detailed Records: Document all medical treatments, expenses, and how your condition impacts daily life.
- Consult with a Legal Professional: An attorney can help counter insurance company tactics and gather the right evidence to support your claim.
At Kemp Law Group, we understand the complexities of personal injury claims involving pre-existing conditions. We are committed to helping injury victims secure the compensation they deserve. If you’ve been injured and your pre-existing condition has been worsened by an accident, contact us today for a free consultation.
📞 Call us at 727-847-4878 or visit https://kemplaw.com/ to learn more about your legal options.
