How Pre-Existing Conditions Affect Your Personal Injury Claim in Florida
If you’ve been injured in an accident and have a pre-existing medical condition, you may be wondering how your past injuries will affect your personal injury claim. The Florida personal injury attorneys at Avera & Smith explain how pre-existing conditions are treated under Florida law and what steps to take to protect your right to full and fair compensation.
Many people in Florida live with prior injuries, chronic pain, or underlying health conditions. When you’re injured in an accident, whether a car accident, slip or fall, or workplace injury, one of the first questions you may have is: “Will my pre-existing condition hurt my case?”
It’s a valid concern and one insurance companies are quick to exploit. However, having a prior condition does not prevent you from recovering compensation. In many cases, if your condition was worsened by the accident, you may be entitled to significant damages. Understanding how Florida law treats pre-existing conditions is key to protecting your rights and ensuring fair compensation.
Here, we answer some of the most frequently asked questions regarding pre-existing conditions and personal injury claims in Florida.
Can I still recover compensation if I have a pre-existing condition?
Yes. Florida law allows you to recover compensation if an accident aggravates or worsens a pre-existing condition.
This is often referred to as the “eggshell plaintiff” rule, meaning the at-fault party must take you as they find you, even if you were more susceptible to injury.
For example:
- A prior back injury that becomes significantly worse after a crash
- A previously manageable condition that now requires surgery or ongoing care
In these situations, you may recover compensation for the worsened condition, not just a brand-new injury.
What does Florida law say about pre-existing conditions?
Florida law recognizes that accident victims can recover damages for the aggravation of existing injuries or conditions. Jury instructions specifically allow compensation when negligence causes a worsening of a prior condition.
Additionally, under Florida Statutes § 768.81, your compensation may only be reduced if you are partially at fault for the accident—not simply because you had a pre-existing condition.
Will insurance companies use my medical history against me?
Yes, and this is one of the biggest challenges in these cases.
Insurance companies may argue:
- Your injuries existed before the accident
- The accident didn’t actually cause your pain
- Your condition would have worsened regardless
They often request extensive medical records to support these claims. Strong evidence can counter this, including:
- Medical records before and after the accident
- Imaging studies (MRIs, X-rays)
- Doctor opinions linking your worsened condition to the accident
Do I need to disclose my prior injuries?
Absolutely. Transparency is critical. Failing to disclose prior conditions can:
- Damage your credibility
- Be used against you by insurers
- Hurt your case significantly
Being upfront allows your attorney to properly prepare and show how the accident changed your condition, not just what existed before.
What if my condition wasn’t causing symptoms before the accident?
You may still have a strong claim. If your condition was:
- Asymptomatic before the accident, and
- Became painful or limiting afterward.
Under these conditions, the accident may be considered the cause of your current symptoms. Florida law allows compensation when an incident activates or accelerates a previously dormant condition.
How is compensation calculated with a pre-existing condition?
You can recover compensation for the difference between your condition before and after the accident. This may include:
- Increased pain and suffering
- Additional medical treatment
- Lost wages or reduced earning ability
- Long-term care needs
Medical experts are often used to explain how much of your current condition is due to the accident versus your prior health.
What evidence helps prove my claim?
Strong cases often rely on:
- Pre-accident and post-accident medical records
- Expert medical testimony
- Diagnostic imaging comparisons
- Treatment timelines
- Physician statements
- Employment records
This evidence helps establish:
- Your condition before the accident
- How it changed afterward
- The connection between the accident and that change
Were you injured in an accident and have a pre-existing condition?
Call 800-654-4659 for a free, no-obligation case review.
If you have a pre-existing condition, your personal injury claim isn’t invalid. It simply requires a more strategic and evidence-driven approach.
Insurance companies will try to minimize your claim, but you don’t have to face that alone. The experienced personal injury attorneys at Avera & Smith understand how to:
- Prove the aggravation of pre-existing conditions
- Work with medical experts to strengthen your case
- Push back against insurance company tactics
- Fight for the full and fair compensation you deserve
The sooner you act, the better. Early legal guidance can make a significant difference in the outcome of your case.
If you were involved in an accident in Gainesville, Ocala, Jacksonville, Lake City, The Villages, or surrounding areas, request a free consultation through our online form or call 800-654-4659 to speak with one of our attorneys.