Can You File a Personal Injury Claim if You Have a Pre-Existing Condition?
Suffering an injury is challenging on its own, but when you already have a pre-existing condition, the legal process can become even more complicated. One of the most common questions people ask a Tampa personal injury lawyer is whether they can still pursue compensation if they had a prior injury or health issue. The answer is yes, but proving your case may require additional medical evidence and a strategic legal approach.
If you’ve been injured in a Tampa accident, whether on the I-275 corridor or at International Plaza, it’s important to understand how Florida law treats cases involving pre-existing conditions.
What Qualifies as a Pre-Existing Condition?
A pre-existing condition is any health injury or issue you had prior to your accident. This could include chronic back pain, arthritis, a previous fracture, or even a past traumatic brain injury. In personal injury claims, the presence of a pre-existing condition doesn’t automatically disqualify you from recovering damages, but it does affect how the case is evaluated.
Insurance companies often try to use your medical history against you, claiming that your current pain or impairment isn’t the result of the accident but rather your prior condition.
Florida Law and the “Eggshell Plaintiff” Doctrine
Fortunately, Florida law protects individuals with pre-existing conditions under the “eggshell skull” rule. This statute holds that a negligent party remains fully liable for the injuries they cause, even if the victim was more susceptible to harm because of a prior condition.
In other words, just because you were already dealing with a bad knee or herniated disc doesn’t mean a negligent driver who rear-ended you near Raymond James Stadium gets a free pass. If the accident worsened your condition, you have the right to pursue an aggravated injury lawsuit in Florida.
Distinguishing Between Old and New Injuries
One of the biggest challenges in a pre-existing condition injury claim is distinguishing between the original condition and the new harm caused by the accident. Medical records, imaging tests, and expert testimony are crucial in proving how the accident aggravated your existing condition.
For example, if you were undergoing physical therapy for a lower back issue and then were injured in a crash on Dale Mabry Highway, your doctor can help document:
- The change in symptoms: Increased pain, new mobility issues, or extended recovery timelines
- New medical interventions: These include surgery, injections, or stronger medication prescribed post-accident
Common Types of Aggravated Injuries
Some injuries are more prone to aggravation, particularly in car accidents, slip-and-fall incidents, or workplace accidents. Common examples include:
- Back and neck injuries: Herniated discs or spinal misalignment
- Joint damage: Pre-existing knee or shoulder injuries can worsen after an impact
- Head injuries: Prior concussions may become more serious if new trauma occurs
These aggravated conditions can have long-term consequences that affect your ability to work, participate in daily activities, or maintain a normal lifestyle.
How Insurance Companies Handle These Claims
Insurance adjusters often use pre-existing conditions as a basis to reduce payouts or deny claims altogether. They may claim that your symptoms are unrelated to the accident or that you were already disabled. That’s why it’s crucial to have strong legal representation when pursuing a pre-existing condition injury claim in Florida. Your attorney can help demonstrate the aggravation of your injuries and fight back against insurance tactics designed to minimize your compensation.
Steps to Take After an Accident Involving a Pre-Existing Condition
If you’re hurt in an accident and have a prior injury or medical condition, taking the following steps can help protect your rights:
- Seek immediate medical attention: Tell your doctor about your pre-existing condition and how your symptoms have changed.
- Document everything: Keep records of all medical visits, treatments, and changes in your daily abilities.
Being honest about your medical history while also asserting how the accident worsened your condition can make the difference between a denied claim and a successful aggravated injury lawsuit in Florida.
Contact Fulgencio Law for Help
Dealing with a personal injury claim involving a pre-existing condition requires careful documentation from both legal and medical professionals. If an accident in Tampa has aggravated a previous injury, don’t let the insurance company convince you that your pain doesn’t matter.
Our skilled Tampa personal injury lawyer can help you pursue the compensation you need and deserve. Contact Fulgencio Law today at (813) 463-0123 for a free consultation.
