Should You File a Claim if the Accident Made a Pre-Existing Injury Worse?
When someone with a pre-existing injury is involved in an accident, they may be reluctant to pursue a personal injury claim because they assume their past injury disqualifies them from recovering compensation. However, according to Florida law, having a pre-existing condition does not automatically prevent you from obtaining compensation. The key question is usually whether the accident aggravated or worsened your injury. If it did, you might have a legitimate personal injury claim. Read on to learn more!
Florida Law and Pre-Existing Injuries
Florida follows the legal principle known as the “eggshell skull rule.” In simple terms, this means that a negligent party must take the injured person as they are. If someone’s careless actions exacerbate or worsen an existing injury or medical issue, they can still be held liable for the additional harm caused.
However, Florida law does not allow you to recover compensation for the original condition itself. You can only claim compensation for the aggravation of the condition that was caused by the accident. In other words, you must prove that the accident worsened your pre-existing injury and that symptoms didn’t just progress naturally over time. This makes proper documentation and medical evidence vital in these cases.
Common Pre-Existing Injuries Accidents Commonly Make Worse
Here are some of the most common injuries and medical conditions that accidents often worsen:
- Back and neck injuries
- Old fractures
- Herniated or bulging discs
- Knee, hip, or shoulder injuries
- Arthritis or degenerative joint conditions
For example, suppose you experienced occasional back pain before being involved in a car accident that resulted in chronic pain, limited mobility, or the need for surgery. In such a case, the at-fault driver may be legally responsible for the worsening of your condition.
How Insurance Companies Handle These Claims
Insurers often use pre-existing injuries as a reason to deny or minimize personal injury claims in Florida. Some of the tactics they use include:
- Arguing that your symptoms were unavoidable due to natural degeneration.
- Downplaying the severity of the aggravation.
- Digging through years of medical records in a bid to uncover previous injuries that could be used to challenge the claim.
- Arguing that the symptoms are unrelated to the accident.
To defeat these arguments and tactics, you must present evidence showing that the accident worsened your condition.
Proving an Accident Worsened a Pre-Existing Injury
To succeed in a personal injury claim involving a pre-existing condition, you must show;
- You had a documented condition before the accident,
- The accident worsened that condition
- Medical evidence supports the change in condition
The following types of evidence can help support your claim:
- Medical records comparing your condition before and after the accident.
- Doctor’s assessments explaining how the accident worsened the pre-existing condition.
- Testimony from medical experts who can confirm the link between the accident and the worsened condition.
- Witness statements describing how the pre-existing condition has worsened.
- Personal journal describing the change in condition.
Because aggravation claims are more complex than standard injury cases, experienced legal guidance can help protect your rights and strengthen your claim.
Contact Us for Legal Help
If your pre-existing injury worsened after an accident, contact a Tampa personal injury attorney at The Pendas Law Firm today to protect your rights and explore your options.
The Pendas Law Firm also represents clients in the Ocala, Orlando, Jacksonville, Daytona Beach, West Palm Beach, Miami, Bradenton, Fort Myers, Fort Lauderdale, Naples, and Melbourne areas.