When you’re injured in an accident, the situation can feel overwhelming on its own. If you also have a pre-existing medical condition, you may worry that it will prevent you from filing a successful personal injury claim in Florida. Many clients feel discouraged, thinking insurance companies will automatically deny them compensation. The truth is, while pre-existing conditions complicate claims, Florida law provides pathways for injured individuals to recover damages — even if they were already dealing with health issues before the accident.
Understanding Pre-Existing Conditions in Florida Personal Injury Law
A pre-existing condition refers to any medical issue that existed before the accident that forms the basis of your claim. This can include chronic back pain, arthritis, a previous concussion, or even psychological conditions. Florida law recognizes that injured individuals should not be penalized simply because they were already vulnerable.
Courts apply what’s called the “eggshell plaintiff doctrine.” Under this principle, defendants must take victims as they find them. In other words, if your pre-existing condition makes you more susceptible to injury, the negligent party is still responsible for the harm caused, even if the injury is more severe than what another person might have suffered.
How Florida Law Balances Pre-Existing Conditions
In practice, the challenge is distinguishing between the injuries directly caused by the accident and those tied to your prior condition. Florida Statute §768.81 addresses comparative fault and damages allocation in civil cases. While it doesn’t speak exclusively to pre-existing conditions, it gives courts authority to apportion damages according to the evidence presented.
Medical experts often testify to determine whether the accident aggravated a prior condition or created a new injury. For example, if you had degenerative disc disease but an auto accident caused a herniation that worsened your symptoms, the negligent driver could still be liable for that additional harm.
Insurance Companies and Their Tactics
Insurance carriers in Florida frequently attempt to use pre-existing conditions as a shield against liability. Their common strategies include:
- Claiming your pain and symptoms existed long before the accident.
- Arguing that medical treatment was unrelated to the incident.
- Minimizing settlement offers by attributing injuries solely to your prior condition.
These tactics are especially common in auto accident claims because of Florida’s no-fault insurance system under Florida Statute §627.736, which requires personal injury protection (PIP) coverage. While PIP pays for initial medical bills regardless of fault, compensation beyond those limits often requires proving the other driver caused injuries beyond your pre-existing health issues.
Proving Aggravation of a Pre-Existing Condition
The key in Florida personal injury cases is showing that the accident aggravated or worsened your prior condition. Courts focus on whether the negligent act led to new symptoms, increased treatment needs, or reduced quality of life beyond your baseline.
To prove aggravation, your attorney may rely on:
- Medical Records — comparing pre-accident and post-accident documentation.
- Diagnostic Imaging — X-rays, MRIs, or CT scans highlighting changes.
- Physician Testimony — expert analysis on causation and aggravation.
- Personal Testimony — explaining how your day-to-day life changed after the accident.
This evidence demonstrates to judges and juries that the accident made your condition worse, entitling you to compensation.
The Role of Florida’s Burden of Proof Standard
Under Florida law, plaintiffs carry the burden of proving damages by a preponderance of the evidence. In cases involving pre-existing conditions, this means showing that it is more likely than not that the accident worsened your prior injury. Florida’s civil jury instructions even include special guidance on how juries should evaluate damages when a pre-existing condition exists. Juries are often told to award damages only for the aggravation caused by the accident.
Why Full Disclosure Matters
One of the most damaging mistakes claimants make is trying to hide or minimize their medical history. Insurance companies have access to extensive databases and often subpoena prior records. If they discover an undisclosed pre-existing condition, it can harm your credibility and damage your claim.
Instead, being upfront allows your attorney to frame your medical history correctly. In practice, this means presenting your condition not as a weakness, but as evidence that the accident had a measurable and significant impact on your health.
Common Pre-Existing Conditions in Florida Personal Injury Claims
Certain conditions frequently come up in Florida personal injury litigation:
- Back and neck injuries from prior accidents or aging
- Arthritis and joint disease
- Diabetes-related complications
- Previous concussions or traumatic brain injuries
- Psychological conditions like PTSD or anxiety
Each of these can be aggravated by an accident. For instance, a person with mild arthritis in their knee may become unable to walk without assistance after a slip-and-fall at a Florida grocery store. Even though arthritis existed beforehand, the fall clearly worsened their condition.
Practical Scenarios in Florida Personal Injury Claims
Consider this example: A Florida resident with chronic lower back pain is rear-ended on I-95. Before the accident, they managed their condition with occasional physical therapy. After the crash, MRI scans reveal a herniated disc. Their pain increases to the point where surgery becomes necessary. In this case, the negligent driver may argue that the injury was inevitable given the plaintiff’s prior condition. However, under Florida law, the accident is still a significant factor in worsening the injury, and the victim may recover damages for the aggravation.
Statistically, research from the Insurance Research Council shows that claims involving pre-existing conditions often lead to more disputes and longer litigation timelines, but they are far from unwinnable. The key lies in detailed documentation and skilled legal advocacy.
Steps to Strengthen Your Florida Personal Injury Claim
If you have a pre-existing condition and are pursuing a claim, there are several ways to protect your rights:
- Maintain consistent medical treatment and follow all physician recommendations.
- Keep a journal of symptoms before and after the accident.
- Avoid downplaying or exaggerating your condition during medical evaluations.
- Work closely with an attorney who understands Florida’s personal injury framework.
By following these steps, you can present a clear narrative that distinguishes your pre-accident baseline from the harm caused by the defendant’s negligence.
Why Legal Representation is Essential
Hiring an experienced personal injury attorney in Florida can make the difference between a denied claim and fair compensation. Here’s why:
- Attorneys anticipate insurance company tactics and prepare evidence accordingly.
- They have access to medical experts who can testify credibly about causation.
- Lawyers understand how to frame aggravation under Florida jury instructions.
- They ensure that statutory deadlines, such as the two-year statute of limitations under Florida Statute §95.11(3)(a), are met
- Skilled attorneys negotiate aggressively to maximize settlement value.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Living with a pre-existing condition can already be challenging. When another person’s negligence makes that condition worse, the law in Florida allows you to pursue justice. Whether your injuries stem from a car accident, slip and fall, or workplace incident, you should not have to bear the financial and emotional costs alone. Insurance companies may try to argue that your health problems existed long before the accident, but with strong evidence and experienced legal representation, you can still obtain meaningful compensation.
Our Florida personal injury lawyers have the knowledge, resources, and courtroom experience to fight for your rights and ensure your voice is heard. Don’t let insurers minimize your suffering — let us stand by you.