You finally started feeling better after years of managing your chronic back pain. Then, while waiting at a red light on Park Boulevard, a distracted driver rear-ended your car. Now, your pain is worse than ever, and the insurance adjuster is claiming your injuries are pre-existing and not their client's responsibility.
At DeLoach, Hofstra & Cavonis, our Seminole personal injury lawyers understand the frustration that comes with having a pre-existing condition worsened by someone else's negligence. Insurance companies often use pre-existing conditions to reduce liability, but Florida law protects accident victims who experience aggravation of a previous injury or health condition.
How the Florida Eggshell Plaintiff Rule Works
In Florida personal injury law, defendants must "take their victims as they find them." This legal concept, known as the “thin skull” or "eggshell plaintiff" rule, means that if you had a pre-existing condition that made you more susceptible to injury, the at-fault party remains responsible for all harm they cause, even if someone without your condition would have suffered less severe injuries.
For example, if you had degenerative disc disease before a car accident in Sun City Center, but the collision caused those previously manageable symptoms to become debilitating, the at-fault driver can't escape liability simply because a person with a healthier spine might have recovered more quickly.
What matters legally is not your health status before the accident but rather how the defendant's negligence changed your condition. However, you must still prove that the accident caused a new injury or worsened an existing one.
How Insurance Companies Try to Minimize Your Personal Injury Claim
Insurance companies often argue that your current symptoms are unrelated to the incident in question. When you file a personal injury claim for back pain following a slip and fall accident at a New Port Richey grocery store, the adjuster might request decades of medical records, hoping to find evidence of previous back problems.
Another approach involves acknowledging the accident worsened your condition but disputing the extent. For instance, say you had arthritis in your knee before being struck by a car while crossing Gulf Boulevard. The insurer might admit some responsibility but argue your pain would have developed anyway due to the natural progression of your arthritis.
Insurance companies also frequently request independent medical examinations (IMEs) from their doctors. These examinations often result in opinions that minimize the accident's impact on your pre-existing condition.
Documenting the Difference Before and After the Accident
Successful claims involving pre-existing conditions depend on clearly establishing how the accident changed your health status.
Medical Records Establish a Timeline
Medical records from before the accident establish your baseline condition. If your chart shows your chronic back pain was well-managed with occasional physical therapy before a Seminole car accident but afterward required pain medication and surgical intervention, this documentation helps demonstrate the significant change.
Diagnostic Imaging Demonstrate Aggravation of Injury
Diagnostic imaging often provides compelling evidence of aggravation. If MRIs taken before and after your accident show a previously stable spinal condition has deteriorated following the impact, these images help establish causation.
Compelling Medical Opinions Strengthen Claims
A medical opinion from your treating physician addressing specific causation is particularly persuasive. When your doctor states that "while Mrs. Johnson had mild degenerative disc disease before the accident, the trauma from the collision caused the disc to herniate," this expert assessment directly connects your increased symptoms to the defendant's negligence.
The "Aggravation of a Pre-existing Condition" Standard
Florida law recognizes a specific legal standard through the concept of "aggravation of a pre-existing condition." According to Florida Standard Jury Instruction 501.5(a), when a pre-existing condition is aggravated by negligence, the defendant is liable only for the aggravation and not the entire health condition.
This means if you had asymptomatic arthritis that became painful after a fall at a Seminole restaurant, you can recover damages for the difference between your condition before and after the accident. The jury instruction specifically directs that "there should be no reduction because of the pre-existing condition."
Florida's modified comparative negligence system under Florida Statute §768.81 may affect your recovery if you were partially at fault. If you're found more than 50% responsible, you cannot recover damages. If you’re 50% or less at fault, your compensation will be reduced by your percentage of fault.
Building a Strong Case Despite Pre-Existing Conditions
Early disclosure helps establish credibility. Rather than hiding your previous back problems after an injury-causing accident, acknowledge them while emphasizing how the incident changed your symptoms. Your previous health conditions don't disqualify you from receiving compensation.
Detailed medical evaluations from specialists who can distinguish between chronic conditions and new trauma are invaluable. A neurologist can explain how your pre-existing migraines differed from the post-concussive headaches you experienced after a fall at a Seminole business.
Consistent treatment demonstrates the ongoing nature of your accident-related symptoms. Following your doctor's recommendations without significant gaps in care makes it harder for insurers to claim your pain is unrelated to the accident.