Suffering an injury due to someone else’s negligence can be stressful, especially if you already have a pre-existing condition. You may be wondering if your prior injury will prevent you from pursuing compensation. The good news is that having a pre-existing condition does not automatically bar you from filing a personal injury claim. In fact, Florida law follows the “eggshell plaintiff” doctrine, which protects individuals with pre-existing conditions and ensures they receive fair compensation. Here’s what you need to know about your rights and options if you’re injured and have a pre-existing condition.
Understanding the Eggshell Plaintiff Doctrine
Florida courts recognize that individuals who have pre-existing medical conditions may be more susceptible to serious injuries. Under the eggshell plaintiff doctrine, a negligent party cannot use your pre-existing injury as a defense to avoid liability. Essentially, they must take you as they find you. If their negligence aggravates your condition, they can be held responsible for the additional harm caused.
For example, if you suffer from a herniated disc and are involved in a car accident that worsens your condition, the at-fault party may still be liable for the increased pain and medical expenses. Even though you had a prior injury, their negligence made it worse, which forms the basis of your claim.
Proving Aggravation of a Pre-Existing Condition
To successfully recover compensation, you must prove that the accident worsened your pre-existing condition. This typically involves:
- Medical Records – Your past and current medical records play a crucial role in distinguishing between your prior condition and the injuries caused by the accident.
- Expert Testimony – Medical experts can provide opinions on how the accident affected your condition and to what extent.
- Comparing Symptoms – If you experienced increased pain, limited mobility, or additional medical complications after the accident, this can serve as evidence of aggravation.
- Doctor’s Evaluation – A medical professional can assess whether the injuries sustained in the accident worsened your existing condition.
Challenges You May Face
While the law protects injured individuals with pre-existing conditions, insurance companies often use these prior injuries as an excuse to minimize or deny claims. Common challenges include:
- Disputing Causation – Insurers may argue that your pain or limitations existed before the accident and that the incident did not significantly worsen your condition.
- Medical History Scrutiny – Insurance adjusters may comb through your medical history to find any past injuries that could be used against you.
- Lowball Settlement Offers – Insurers may attempt to offer a lower settlement, assuming you will accept less due to your pre-existing condition.
Steps to Take
Navigating a personal injury claim with a pre-existing condition can be complex, but an experienced injury lawyer can help strengthen your case by:
- Gathering medical evidence to demonstrate the aggravation of your condition.
- Consulting with medical experts to provide professional opinions.
- Negotiating with insurance companies to secure a fair settlement.
- Representing you in court if litigation becomes necessary.
Compensation You May Be Entitled To
If you can prove that the accident aggravated your pre-existing condition, you may be eligible for various types of compensation, including:
- Medical Expenses – Coverage for doctor visits, hospital stays, surgeries, physical therapy, and medication
- Lost Wages – Compensation for time missed from work due to the injury
- Pain and Suffering – Damages for physical pain, emotional distress, and reduced quality of life
- Future Medical Costs – If ongoing treatment is required due to the aggravated injury, these costs may be covered.
Conclusion
Having a pre-existing injury does not mean you cannot pursue a personal injury claim. Florida law protects victims whose conditions are worsened due to negligence. If you’ve been injured and your pre-existing condition has been aggravated, it’s crucial to seek legal guidance. A skilled personal injury attorney can evaluate your case, help you gather the necessary evidence, and fight for the compensation you deserve. Don’t let insurance companies take advantage of your situation—consult a lawyer today to protect your rights.
Contact a Florida Personal Injury Lawyer
If you have been involved in a personal injury incident, seeking legal advice is essential to protect your rights. Our legal team has more than 40 years of experience seeking justice for accident victims. Our attorneys have sought and won millions of dollars for our injured clients.
Call 850-601-1111 to schedule a complimentary consultation with no obligations. This consultation will help you explore your legal options. Let us help you fight for fair compensation.
Mark continued his studies at Florida State University College of Law, graduating cum laude in 2008. While in law school, Mark was a member of the Journal of Land Use & Environmental Law and the Journal of Transnational Law & Policy, as well as a certified legal intern with the FSU Public Interest Law Center, where he assisted low-income clients with a wide range of family law issues. He also served as a law clerk intern to The Honorable L. Clayton Roberts of Florida’s First District Court of Appeal.
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