You’ve been in an accident resulting in physical injuries. You’re in pain, but not for the first time. Perhaps it’s an old back injury flaring up or a past surgery site that’s causing pain again. Now you’re wondering: Will my medical history ruin my personal injury claim?
This is one of the most common concerns people have after a crash or fall. The good news? Florida law doesn’t punish you for having a past injury. In fact, you still have the right to seek compensation if an accident makes that condition worse.
But there’s a catch. Insurance companies may use your medical history to reduce your claim. Without the correct information, it’s easy to get overwhelmed, underpaid, or both.
What Counts as a Pre-Existing Condition?
A pre-existing condition is any injury, illness, or medical issue you had before the accident. This could be related to a previous back injury, arthritis, or an old knee issue. Even if you weren’t feeling much pain before the accident, the injury might flare up or worsen due to the new trauma.
Florida law does not punish people for having health issues before an accident. Instead, it focuses on whether the accident made your condition worse. That’s what really matters in a personal injury case.
Florida Law and the Eggshell Plaintiff Rule
Florida law recognizes that a person with a pre-existing condition may still recover damages if the accident worsens that condition.
There is a legal principle often referred to as the “eggshell skull” rule. It means the at-fault party is responsible for the full extent of the harm they cause. This is the case even if the injured person is more fragile than most due to a pre-existing condition.
Under the eggshell skull rule, the defendant must take the plaintiff as they find them—even if the plaintiff is more vulnerable due to a pre-existing condition. — Florida Tort Law Principles.
This rule protects accident victims in the state of Florida. If someone crashes into your car and that collision worsens your already sore neck or back, you still have a right to seek compensation.
What Insurance Companies Will Argue
Insurance adjusters often try to argue that your injuries aren’t new. They may say your pain existed before the accident. Their goal is to reduce the payout you receive.
Insurance companies commonly request independent medical examinations (IMEs) to argue that the accident did not cause or worsen injuries.
They may request an Independent Medical Exam (IME) with a doctor of their choosing. These doctors often try to separate your old injuries from any new damage. That’s why it’s so important to have strong evidence on your side.
Evidence That Supports Your Case
To prove that an accident aggravated your pre-existing condition, focus on gathering the following:
- Medical records before and after the accident – Thorough records can show the difference in your condition and the timeline of symptoms or pain.
- Treatment history – Documentation of doctor visits, physical therapy, medications, and other care helps show how the injury affected your daily life.
- Diagnostic imaging – Tests like MRIs, CT scans, or X-rays can highlight new damage or inflammation that wasn’t present before.
- Expert medical opinions – Your doctor or a specialist can provide written statements explaining how the accident worsened your condition.
- Consistent documentation – Keeping records updated and organized strengthens your claim. It also reduces the chance of disputes with insurers.
Together, this evidence can clearly show that the accident aggravated your condition, strengthening your claim and helping you get the compensation you deserve.
How It Affects Your Settlement
Insurance companies may offer less money than they otherwise would if you had a pre-existing condition. An insurance adjuster may claim your injuries weren’t caused by the accident. However, Florida law still allows you to recover damages for any aggravation of an old injury.
According to a 2023 analysis by Florida Injury Insights, nearly 1 in 4 denied claims involved a dispute over pre-existing conditions.
That means you could still receive money for additional medical care, lost wages, or pain that came after the accident. The key is proving the link between the accident and the worsening of your condition.
Here’s a breakdown to help you understand the difference:
|
Factor |
New Injury |
Aggravated Pre-Existing Condition |
| Onset of Pain | Immediately after accident | Worsening of old symptoms |
| Imaging (e.g., MRI) | Shows fresh damage | May show pre-existing degeneration with a flare-up |
| Insurance Tactics | Liability is usually clearer | Adjusters may claim reduced responsibility |
| Legal Focus | Link injury to accident | Prove the accident worsened the existing condition |
| Medical Support | Emergency treatment records | Expert opinion to confirm aggravation |
What You Should Do If You Have a Pre-Existing Condition
The best thing you can do is be honest. Always tell your doctor and your lawyer about any past injuries or conditions. Hiding something could hurt your case later.
Also, don’t skip medical appointments. Keep records of everything, including doctor visits, medications, physical therapy, and time off work. Doing so shows the impact the accident has had on your life and helps support your claim.
Frequently Asked Questions
Can I still file a personal injury claim if I have a pre-existing condition?
Yes. Florida law allows you to seek compensation for the aggravation and related damages if the accident made your existing condition worse, regardless of whether the injury was or wasn’t entirely new.
Will the insurance company use my old injuries against me?
Often, yes. Insurance adjusters may argue your injuries existed before the accident. Their goal is to reduce your settlement. Strong medical records and clear documentation can help prove that the accident worsened your condition.
What kind of evidence do I need to prove my case?
You’ll need medical records from before and after the accident, doctor evaluations, diagnostic scans, and expert opinions that link the aggravation of your condition directly to the accident.
Do I need to disclose my entire medical history?
Yes. Being honest about your medical history is essential. Hiding prior conditions can damage your credibility and hurt your chances of recovering compensation for the aggravated injuries.
Can my settlement be reduced because of a prior condition?
It’s possible. Insurers may argue part of your injury existed before. However, if you can show that the accident worsened your condition, you may still recover from the increased harm.
How can Buckman, Buckman & Castellano, P.A. help if I have a complex medical history?
The firm understands how pre-existing conditions affect injury claims. Our firm builds strong, evidence-based cases to help you recover compensation for the aggravation caused by someone else’s negligence.
Get Help After a Florida Car Accident Aggravates Pre-Existing Conditions
A pre-existing condition doesn’t disqualify you from pursuing a personal injury claim in Sarasota. What matters is whether the accident made that condition worse. Florida law allows you to recover damages for aggravated injuries even if the accident didn’t cause the original injuries.
The key to building an effective case is having strong medical evidence, honest documentation, and a clear understanding of how insurance companies operate.
If you’re dealing with an old injury that’s now causing new pain after an accident, don’t assume you’re out of options. Buckman, Buckman & Castellano, P.A. has experience handling these situations and understands how to build a strong, fact-driven case.
Schedule a free consultation today to discuss your situation and learn how the firm can help protect your rights and pursue the compensation you deserve.
