May 13, 2025 | Pre-Existing Injuries
If you were hurt in an accident and have a pre-existing injury or medical condition, you may be concerned that it could negatively impact your personal injury claim. While a pre-existing condition doesn’t prevent you from pursuing compensation, it can add complexity to your case.
Understanding how pre-existing injuries are handled in personal injury law is essential. With the help of a skilled attorney, you can protect your rights and strengthen your claim, even when past medical issues are involved.
Here’s what you need to know about how pre-existing injuries affect personal injury claims and how to protect your rights.
What Is a Pre-Existing Injury?
From a personal injury standpoint, a pre-existing injury or condition is any health problem you had before the accident.
Common examples include:
- Previous back or neck injuries
- Arthritis or joint problems
- Degenerative disc disease or herniated discs
- Past fractures
- Traumatic brain injuries
- Mental health conditions like anxiety or PTSD
Many people have pre-existing health issues, especially as they age. The insurance company might try to use this against you, but having a previous injury doesn’t mean you can’t recover compensation.
The “Eggshell Plaintiff” Rule
In personal injury cases, defendants must take injury victims as they find them. This is called the eggshell plaintiff rule. If you were more vulnerable to injury because of a pre-existing condition, the negligent party is still fully responsible for the harm they caused, even if another person might not have been hurt as badly.
How Do Pre-Existing Conditions Affect Personal Injury Claims?
Pre-existing injuries can affect your case in two main ways.
First, you must establish causation. This means proving that your current injuries—or the worsening of a pre-existing condition—were directly caused by the accident. Even if you had a prior injury, the at-fault party can still be held liable if the incident aggravated your condition in a foreseeable way.
Second, the valuation of your damages can be more complex. In Florida, your Personal Injury Protection (PIP) coverage will pay for medical expenses and lost wages up to $10,000, regardless of who was at fault. However, it does not cover pain and suffering or other non-economic losses. Insurance companies may try to downplay your claim by attributing your symptoms to a pre-existing condition rather than the accident itself.
To recover compensation beyond PIP limits, you must meet Florida’s serious injury threshold and prove the other party was at fault. This allows you to seek damages for pain and suffering, emotional distress, and other long-term impacts. When pre-existing conditions are involved, demonstrating how the accident worsened your condition becomes critical to recovering the full value of your claim.
Common Tactics Insurance Companies Use
Insurance companies often look for ways to pay as little as possible.
When they find out about a pre-existing condition, they may try tactics like:
- Blaming all symptoms on your old injury
- Arguing that none of your pain or disability is from the accident
- Requesting full medical records
- Searching for unrelated past injuries to weaken your claim
- Minimizing the aggravation
- Disputing that your condition was actually worsened
That’s why it’s critical to have solid medical evidence and an experienced personal injury lawyer on your side.
How to Strengthen Your Case
Take these steps to strengthen your case:
- Be honest about your medical history
- Never try to hide a pre-existing condition
- See a doctor promptly and follow all treatment recommendations
- Keep a journal, noting new symptoms or how your condition has worsened
A pre-existing condition does not prevent you from receiving compensation if someone else’s negligence made things worse. But it does make the case more challenging.
The insurance adjuster may try to use your medical history against you. A personal injury attorney can help you gather the right evidence and stand up to the insurance company to pursue the fair compensation you deserve.
Don’t Let a Pre-Existing Condition Undermine Your Claim
While pre-existing injuries can add complexity to a personal injury case, they do not eliminate your right to pursue fair compensation. Insurance companies may try to use your medical history against you, but the law protects individuals whose conditions were worsened by someone else’s negligence.
By being honest about your health, seeking proper medical care, and working with a knowledgeable personal injury attorney, you can build a strong case that demonstrates how the accident impacted your condition. With the right support, you can fight for the justice and compensation you deserve, regardless of your medical past.
Contact Our Personal Injury Law Firm in Florida
If you’ve been injured in an accident, please contact our experienced personal injury lawyers at Graves Thomas Rotunda Injury Law Group to schedule a free consultation today. We have three convenient locations in Florida, including Vero Beach, St. Petersburg, and Port St. Lucie.
Graves Thomas Rotunda Injury Law Group – Vero Beach
2651 20th St
Vero Beach, FL 32960
(772) 758-5735
Graves Thomas Rotunda Injury Law Group – St. Petersburg
200 Central Ave Suite 304
St. Petersburg, FL 33701
(772) 404-3858
Graves Thomas Rotunda Injury Law Group – Port St. Lucie
10805 SW Tradition Square Unit 024A
Port St. Lucie, FL 34987
(772) 617-8814
