According to the Centers for Disease Control and Prevention (CDC), over 70 million adults in the United States report having a disability. Tens of millions of Americans also have medical and/or mental health conditions that they may not consider a disability. If you have a pre-existing condition, you might wonder how that may affect a personal injury settlement after a car accident or other type of accident.
While insurance companies often try to argue that they aren’t responsible for injuries when a victim has a pre-existing condition, having an existing condition does not prevent you from pursuing a personal injury claim. Under Florida law, a person who causes an accident can be held responsible when the accident aggravates or worsens an existing condition. Our Florida personal injury attorneys are skilled at handling these complex claims, fighting to get our clients maximum compensation for their lost wages, medical bills, pain and suffering, and more.
At Gould Cooksey Fennell, we represent clients throughout Florida’s Treasure Coast region who have been hurt in all types of accidents. We understand how to handle injury claims where our clients have pre-existing conditions, taking on big insurance companies to get you the compensation that you deserve. Reach out to schedule a free initial consultation with a Vero Beach personal injury lawyer.
What Is Considered a Pre-Existing Condition?
A pre-existing condition is any injury, illness, or medical issue that existed before the accident that caused your current injuries. A pre-existing condition could have been diagnosed years ago, a recent injury or illness, or something that was asymptomatic until the accident.
There are many different types of pre-existing conditions. When it comes to personal injury claims, some of the more common pre-existing conditions that come into play include:
- Herniated or bulging discs
- Degenerative disc disease
- Arthritis
- Back or neck injuries
- Previous surgeries
- Chronic pain conditions
- Prior fractures or joint injuries
- Cardiovascular conditions
- Neurological disorders
Pre-existing conditions can also include mental health diagnoses, such as depression or anxiety. If you received a diagnosis for any type of condition prior to your accident, it will be considered a pre-existing condition when it comes to your personal injury claim.
Many people, especially adults over the age of 30, have some type of pre-existing condition. Even if you don’t realize it, you might have a pre-existing condition. For example, if you broke your ankle in your teens, it might be considered a pre-existing condition if you suffer a lower leg injury in a motorcycle accident as an adult.
The most important thing to understand about pre-existing conditions is that having one does not disqualify you from recovering financial compensation after an accident. Our Florida personal injury lawyers will thoroughly analyze your medical records and investigate the facts of your accident. We will then fight to get you every penny that you are entitled to in Florida.
Florida’s Eggshell Plaintiff Rule
Florida follows a legal principle that is often referred to as the eggshell plaintiff or eggshell skull plaintiff rule. In personal injury cases, the plaintiff is the injured party and the one who brings the claim. The defendant is the at-fault party.
Under the eggshell plaintiff rule, the defendant must take the injured party as they find them, even if the plaintiff is more vulnerable to injury due to a pre-existing condition. The name for this rule comes from the idea that even if a plaintiff has a particularly thin skull – an eggshell skull – the defendant is still responsible for a skull fracture, even if a person with a thicker skull wouldn’t have suffered the same injury.
In practical terms, the eggshell plaintiff rule means that a defendant is not responsible for the plaintiff’s original condition. However, they are responsible for any aggravation or worsening of that condition that is caused by their negligent, reckless, or intentional conduct. If an accident makes an existing condition more painful, more disabling, or more expensive to treat, Florida law allows a plaintiff to seek compensation for that additional harm.
For example, consider a situation where a person who previously suffered a mild traumatic brain injury (TBI) is hit by a car in a pedestrian accident and suffers another brain injury. The victim becomes permanently disabled from the accident and can no longer work or live independently. Even though a person without a prior brain injury would not have been so badly hurt, the driver would still be responsible for the victim’s medical bills, lost wages, and other damages because the accident worsened their original condition.
Of course, insurance companies don’t want to pay for any personal injury claim, let alone one where the injury victim had a pre-existing condition. Insurers often argue that a plaintiff’s claimed injuries are pre-existing and are not an aggravation. An adjuster may try to deny the claim on that basis.
An aggravation occurs when a pre-existing condition becomes worse than it was before. For example, if a person had a back condition that was manageable with exercise and other home remedies, but requires surgery after a rear-end car accident, that would be considered an aggravation. If a person with mild anxiety is attacked by a dog and now requires medication and intensive outpatient therapy to manage their anxiety, that is an aggravation of a pre-existing condition.
In most cases, a plaintiff in a personal injury case can recover compensation for an aggravation of a pre-existing condition caused by an accident. This can include money for any increased pain and suffering, loss of enjoyment of life, disability, and medical treatment caused by the aggravation.
In some cases, an accident victim doesn’t just have a worsening of a pre-existing condition. They suffer entirely new injuries, potentially even on the same body part. Insurance companies often try to blame these new injuries on the pre-existing condition. However, medical evidence can be used to demonstrate that the new injuries are distinct from any pre-existing condition.
Pre-existing injury cases are often more complicated because there is debate about what qualifies as a pre-existing condition, a new injury, or an aggravation. Our Vero Beach personal injury lawyers work with experts who can review your medical records and prove that your pre-existing condition was worsened by the accident or that you suffered a new injury.
How Insurance Companies Use Pre-Existing Conditions Against Florida Accident Victims
Insurance companies know that pre-existing conditions make for more complex claims. They often use pre-existing conditions as a reason to reduce settlement value or deny liability entirely. Adjusters may use tactics such as:
- Claiming that your injury existed prior to the accident
- Arguing that your symptoms are due to normal age-related degeneration, not the accident
- Misrepresenting your medical records by doing things like cherry-picking imaging results that show degenerative changes
- Suggesting that the accident only caused temporary, minor discomfort
Even if you were fully functional and living a largely pain-free life prior to your accident, an insurance company may still argue that MRI or X-ray findings prove that your injury was not accident-related. This is done with the goal of reducing the amount of money that the insurance company has to pay out on your claim.
In these cases, medical records become extremely important. While medical records are always crucial evidence in a personal injury case, they become even more critical when an accident victim has a pre-existing condition.
Insurance companies will dig into pre-accident medical records, post-accident treatment notes, diagnostic imaging, and test results to try to prove that your symptoms existed prior to the accident. Clear documentation showing that your condition worsened after the accident, such as documented changes in symptoms and function, can strengthen your claim.
Some accident victims worry that disclosing a prior condition will hurt their case. While this belief is understandable, it is far better to be honest.
Insurance companies often have access to your prior medical records, prescription histories, health insurance claims, and previous injury claims. If an insurance adjuster discovers a pre-existing condition through their own investigation, the insurer may argue that you lied or that you are exaggerating your injuries. This can undermine your credibility and weaken your claim.
During a free initial consultation with a Vero Beach personal injury attorney, you should be upfront about any medical or mental health diagnoses that you had prior to the accident. This allows your lawyer to handle the matter proactively. This can often make all the difference when it comes to recovering maximum compensation for your injuries.
How a Florida Personal Injury Lawyer Can Prove That an Accident Aggravated a Pre-Existing Condition
It is always a good idea to have legal representation when you are injured in any type of accident. This is even more true when you have a pre-existing condition that was made worse by the accident.
Because insurance companies often dispute claims involving pre-existing conditions, having strong evidence to prove your claim is essential. Your Vero Beach accident attorney will develop strong evidence for compensation for your aggravation claim. Typical evidence in these cases includes:
- Medical expert testimony from doctors, specialists, and treating providers who can offer their opinion about your medical condition before the accident, how the accident changed your symptoms, whether the increased pain or functional limitations are consistent with the injuries that you suffered, and your need for ongoing additional treatment.
- Before-and-after evidence to show how your life changed after the accident, such as documentation about your ability to work before versus after the accident, testimony from loved ones about changes in your daily activities, and evidence to show increased medical visits or treatment intensity.
This evidence can help to demonstrate that the accident had a real, measurable impact on your life. More importantly, it will show that your pre-existing condition got worse because of the accident. This is the key to proving that the defendant is liable for your injuries and the losses that you suffered as a result of the accident.
If you want to get fair compensation for an accident, then your best option is to work with a seasoned Florida personal injury attorney. Our law firm will thoroughly analyze your case, working with experts and building the strongest possible case for compensation. We won’t rest until you get the money that you deserve for your injuries.
Help for Florida Accident Victims with Pre-Existing Conditions
Having a pre-existing condition does not mean that you can’t recover money for your injuries in an accident. In fact, under Florida law, the at-fault party can be held responsible for any worsening of your pre-existing condition caused by the accident. Our Vero Beach personal injury lawyers will fight to get you the money that you deserve.
Based in Indian River County, Gould Cooksey Fennell represents clients with and without pre-existing conditions who have been hurt in all types of accidents. We work hard to get our clients maximum compensation, regardless of their health prior to the accident. To learn more or to schedule a free initial consultation with a Vero Beach personal injury attorney, give us a call at 772-758-8756 or fill out our online contact form.
