When you get into an accident, many thoughts can go through your mind. One of the biggest concerns is how your injuries will affect your future. But what if you already had a medical condition before the accident? If you’re filing an accident claim in Florida, a pre-existing condition could play a big role in the process. It might even impact how much you can receive in compensation. Understanding how these conditions affect your claim is important to ensure you get the support you deserve. At, The Guzman Firm, PLLC , we are here to guide you through the legal process and help you navigate the complexities of your case.
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What is a Pre-existing Condition?
A pre-existing condition is any health issue or injury you had before the accident took place. This could be something like a chronic illness, an old injury, or even a condition you didn’t know you had until the accident made it worse. For example, if you had back pain from years of working a physical job, and then got into a car accident that made the pain worse, the back pain would be considered a pre-existing condition. It doesn’t mean that the accident didn’t hurt you, but it can affect how the insurance company views your claim.
The “Eggshell Plaintiff” Rule
Florida law follows something called the “eggshell plaintiff” rule. This rule says that someone who is fragile or more likely to get hurt because of a pre-existing condition still has the right to recover damages for their injuries. Think of a fragile eggshell that cracks easily. Just because the person was more likely to get hurt doesn’t mean they can’t receive compensation. The law recognizes that an accident can make pre-existing conditions worse, and the person who caused the accident is still responsible for those new injuries.
However, this rule can be tricky. Insurance companies may try to argue that your pre-existing condition is the main reason for your pain, not the accident itself. This is why it’s so important to know how to protect your rights.
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Proving Your Accident Worsened Your Pre-existing Condition
One of the biggest challenges when dealing with a pre-existing condition in an accident claim is showing that the accident made the condition worse. Just because you had an old injury or condition doesn’t mean the accident didn’t make things worse. But proving this can be difficult.
Doctors’ reports and medical records play a major role in this part of the process. After the accident, it’s important to seek medical care right away. The doctor will be able to tell if your injuries are new or if the accident worsened your old condition. This medical documentation can help show the difference between the pain or limitations you had before the accident and the new or worsened symptoms after the accident.
It is also important to be honest about your medical history. Some people may feel worried that a pre-existing condition will hurt their claim, but trying to hide it can cause more harm than good. Insurance companies often dig deep into medical records, and if they find out about an undisclosed pre-existing condition, it can hurt your credibility. Instead, being upfront about your condition and how the accident made it worse is the best approach.
Insurance Company Tactics
Insurance companies often look for any reason to lower the amount they have to pay. When they find out about a pre-existing condition, they might try to use it against you. They could argue that your pain or injury is only from your pre-existing condition and not from the accident. Or they might claim that you would have suffered the same pain even if the accident had not happened.
This is where the guidance of a legal team can make a big difference. An experienced guide can help you gather the evidence needed to prove that your injuries are connected to the accident, even if you had a pre-existing condition. They can also help you stand up to the tactics insurance companies use to avoid paying you what you deserve.
How Florida Law Views Damages in Pre-existing Conditions
When it comes to accident claims in Florida, you can still seek damages even if you have a pre-existing condition. The law allows you to recover damages for the worsening of your condition caused by the accident. However, the amount you can receive may be reduced if the insurance company proves that part of your injury or pain is due to your pre-existing condition and not the accident. This is known as apportionment of damages.
For example, if you had a bad knee before the accident and the accident made the injury worse, the insurance company might argue that only part of your knee injury is related to the accident. They could try to reduce your compensation by the amount they believe is connected to your old injury.
Florida law allows for this kind of apportionment, but only if the insurance company can clearly prove what part of your injury was pre-existing and what part was caused by the accident. Without clear evidence, the law requires the responsible party to compensate you for the full extent of your injuries, even if a pre-existing condition made you more vulnerable.
What to Do After an Accident if You Have a Pre-existing Condition
If you have a pre-existing condition and you’ve been in an accident, there are steps you can take to protect your claim. First, make sure you get medical attention right away. Even if you don’t feel seriously hurt, getting a medical evaluation can help document any changes in your health. The longer you wait to seek treatment, the harder it may be to prove that the accident worsened your condition.
Second, follow all medical advice and attend follow-up appointments. Your doctor’s notes and reports are key pieces of evidence when proving your injuries. If you skip appointments or don’t follow medical instructions, the insurance company might argue that your injuries aren’t as serious as you claim.
Third, gather as much evidence as possible. This includes taking pictures of the accident scene, collecting witness statements, and keeping detailed records of your pain and symptoms. The more evidence you have, the easier it will be to prove that the accident made your pre-existing condition worse.
How a Legal Guide Can Help You Navigate the Process
Dealing with an accident claim is already stressful. Adding a pre-existing condition into the mix can make things even more complicated. But you don’t have to go through it alone. A knowledgeable legal team can help you navigate the process, gather the right evidence, and make sure your rights are protected.
Your legal guide will work with your doctors to get detailed medical records that show the difference between your condition before and after the accident. They will also help you deal with the insurance company and make sure they don’t take advantage of your situation. With the right legal support, you can focus on healing while your guide handles the legal side of things.
Common Pre-existing Conditions That Impact Accident Claims
Some common pre-existing conditions that often come up in accident claims include back or neck pain, arthritis, and past injuries like broken bones. Even conditions like depression or anxiety can play a role in how the accident affects you. It’s important to remember that just because you had these conditions before the accident doesn’t mean you’re not entitled to compensation. The accident could have made your symptoms worse, and that’s what your claim will focus on.
Your legal guide will understand how to approach these types of conditions and help prove how the accident changed your health and well-being.
When to File Your Claim
In Florida, you have a limited amount of time to file an accident claim. This is known as the statute of limitations. In most cases, you have four years from the date of the accident to file your claim. However, the sooner you start the process, the better. Evidence can fade, and the longer you wait, the harder it might be to prove that the accident made your pre-existing condition worse. Acting quickly will give your legal guide the best chance to build a strong case for you.
Pre-existing conditions can complicate an accident claim, but they don’t prevent you from getting the compensation you deserve. With the right medical documentation and legal guidance, you can prove that the accident made your condition worse and get the support you need to recover. While the insurance company may try to use your condition against you, Florida law provides protections for those with pre-existing conditions.
If you’ve been in an accident and have a pre-existing condition, don’t wait to seek help. The team at The Guzman Firm, PLLC is here to guide you through the process and make sure your rights are protected. Contact The Guzman Firm today to get the support you need to move forward.