Can a Pre-Existing Condition Impact the Outcome of Your Personal Injury Claim?

Living with a pre-existing condition is tough enough on its own, but when an accident makes it worse, it can turn your life upside down. What’s even more frustrating is that insurance companies often try to minimize your pain by attributing it to your old injury, rather than acknowledging how the accident has made it worse. This is a common tactic used to undervalue or deny your claim. However, you may still be entitled to compensation for the additional harm caused by the accident.

At The Law Offices of Scott Sobol, we’ve seen how insurance companies operate in these situations, and we know how to fight back. We’ve helped many clients whose pre-existing conditions were made worse by an accident, and we understand the challenges involved in proving these cases. By working closely with medical professionals, we can show how the accident impacted your health beyond what you were already dealing with. If this sounds familiar, don’t let the insurance companies brush off your claim. 

What Is a Pre-Existing Condition, and How Does It Impact Your Personal Injury Claim?

Pre-existing injuries are any medical conditions or injuries you had before the accident that led to your personal injury claim. These could include things like chronic back pain, a prior knee injury, arthritis, or even a previous surgery. While having a pre-existing condition doesn’t prevent you from seeking compensation after an accident, it can make the legal process more complex. Insurance companies often look for ways to argue that your injuries are solely due to your pre-existing condition, not the accident. They do this to minimize their payout or avoid liability altogether.

However, Florida law allows you to recover damages if the accident made your pre-existing condition worse. This is known as the “eggshell plaintiff” rule, which essentially says that the defendant must take you as they find you. Even if you were more vulnerable to injury because of your pre-existing condition, you still have the right to pursue compensation for any new harm caused or for any worsening of your prior injury. The challenge lies in proving how the accident directly impacted your condition and separating the old issues from the new ones, which is where experienced legal representation becomes crucial.

How to Prove Your Pre-Existing Condition Was Aggravated by an Accident

Proving that an accident aggravated a pre-existing condition can be challenging, but it’s crucial for securing fair compensation. Insurance companies often attempt to downplay or deny your claim by attributing your pain to the old injury rather than the accident itself. To build a strong case, you’ll need clear evidence that shows how the accident worsened your condition.

The following steps are essential in proving that your pre-existing condition was aggravated by an accident:

• Detailed Medical Records: Gather documentation that shows your health before the accident and compare it with post-accident medical evaluations to highlight any worsening of your condition.
• Expert Medical Testimony: A doctor can provide testimony explaining how the accident directly aggravated your pre-existing condition, helping distinguish between old and new injuries.
• Documentation of Symptoms: Keep a journal tracking your symptoms before and after the accident to show how the incident has caused increased pain or limitations.
• Medical Imaging and Tests: Use X-rays, MRIs, or other imaging to provide visual evidence of new damage or worsening conditions caused by the accident.
• Consistent Treatment Records: Attending all medical appointments and following treatment plans demonstrates the seriousness of your aggravated condition and supports your claim.

At The Law Offices of Scott Sobol, we work closely with medical experts to gather evidence and build a strong claim on your behalf. We know how to counter the arguments insurance companies use to deny or reduce claims related to pre-existing conditions. If you have a complex medical history, our attorneys are here to fight aggressively to ensure your right to compensation is protected. 

Protect Your Rights and Secure the Compensation You Deserve

At The Law Offices of Scott Sobol, we understand how overwhelming it can be to manage a pre-existing condition that has been worsened by an accident. Our extensive experience with these types of claims allows us to handle the challenges that come with proving your injuries and fighting back against insurance companies that try to minimize your suffering. By working with medical experts and gathering comprehensive evidence, we can help you build a strong case and fight for the compensation you deserve.

If you’re facing an uphill battle with your claim because of a pre-existing condition, don’t go it alone. Our team is here to stand by your side and make sure your voice is heard. Call us today at (954) 440-2000 or contact us through our contact form for a free consultation. Let us fight for your recovery and your rights.