Florida Car Accident Claims and Pre-Existing Conditions

Did you recently get hurt in a Florida motor vehicle accident? Are you wondering if a pre-existing condition might affect your ability to recover compensation for your injuries? The short answer is yes. A pre-existing condition could make your claim more challenging, but demanding a fair recovery is still possible. The big question is whether the crash aggravated your injuries or left you with new health problems.

Insurance companies often fight car accident claims involving pre-existing conditions, arguing the collision had nothing to do with recent changes to your health. An experienced car accident lawyer can help counter these disputes and fight for the money you deserve.

What Is a Pre-Existing Condition?

A pre-existing condition is any medical issue you had before a car crash. It can include chronic illnesses, previous injuries, or any ongoing health conditions. For example, if you had back pain or arthritis before the accident, these would count as pre-existing conditions.

Can You Receive Compensation for a Pre-Existing Condition?

You may be eligible for compensation for a pre-existing condition after a Florida auto accident if the collision aggravates your condition. However, you must show that the accident directly caused it to worsen, which requires medical evidence like doctor’s reports and medical tests.

You should expect the insurance company to use your pre-existing condition against you as an excuse to reduce or deny your accident claim. This is why it’s so important to have legal representation and medical records to demonstrate the difference between your condition before and after the collision. A skilled attorney can help you demand compensation by collecting evidence to prove the crash worsened your condition or caused new injuries.

What Is the Eggshell Skull Rule?

The eggshell skull rule is a legal principle that protects individuals with pre-existing conditions who file a personal injury claim. Under this rule, if someone with a fragile or vulnerable condition gets hurt in an accident, the person responsible for the crash must compensate them for the full extent of their injuries.

This rule applies even if those injuries are more severe due to a pre-existing condition.

The eggshell skull rule means that defendants cannot reduce or evade liability by claiming a victim was already in poor health.

Let’s use an example for clarity: Suppose a person with a brittle bone condition sustains a compound fracture in a car accident. In that case, the responsible driver is liable for all their medical expenses, even though the injuries are more severe due to the victim’s condition. The eggshell rule aims to ensure fair treatment for all accident victims, regardless of their health status before a wreck.

How Does Florida’s Comparative Fault Law Affect Accidents Involving Pre-Existing Conditions?

Under Florida’s comparative fault law, the amount of compensation you can receive for an accident case involving a pre-existing condition depends on your level of fault. Specifically, you can only recover compensation if you are 50 percent or less responsible for an accident. The amount you ultimately receive will decrease depending on your percentage of fault.

Imagine a court finds you 30 percent at fault for an accident that cost you $10,000. In that case, the total compensation available to you would decrease by 30 percent, meaning the most you could recover would be $7,000. The comparative fault rule also applies to car accident cases involving victims with pre-existing conditions. In other words, you must prove that the accident worsened your condition and that you were no more than 50 percent responsible to recover compensation from another party in Florida.

If I Am Suing for Injuries from a Car Accident, Do I Have to Disclose That I Have Pre-Existing Injuries?

Yes. You must disclose any pre-existing injuries if you seek compensation for injuries after a car accident. Honesty about your medical history is essential for your claim to succeed. If you hide your pre-existing conditions and the other side discovers them, it could damage your credibility and weaken your case.

Your car accident attorney can use your complete medical history to show how the accident worsened your condition. By being transparent, you improve your chances of getting fair compensation for the aggravation of your pre-existing injuries and any new injuries resulting from the accident.

Can My Accident Claim Be Denied for Pre-Existing Injuries?

Insurance companies cannot automatically deny your car accident claim based on your medical history.

For a successful claim, you must provide strong documentation showing how the accident aggravated your pre-existing condition. A doctor’s statement linking the car accident to your worsened condition can be a valuable piece of evidence supporting your claim. An experienced attorney can assist you in gathering detailed evidence to challenge the insurance company’s attempts to deny your claim.

How Can a Lawyer Help My Car Accident Claim Involving Pre-Existing Conditions?

An experienced lawyer can provide effective assistance for your car accident case if you have a pre-existing condition. Here are some ways your attorney could help:

• Gathering medical records documenting your pre-existing condition
• Collecting evidence that shows the accident aggravated your condition
• Consulting medical experts to strengthen your case
• Interviewing eyewitnesses and experts who can support your claim
• Calculating a full and fair value for your injury claim
• Preparing and filing all necessary documents
• Negotiating with insurance companies for maximum compensation
• Representing you in court if your case goes to trial

Most personal injury cases are resolved without the need for trial. However, if the insurance company refuses to make a fair settlement offer, filing a car accident lawsuit may motivate the adjuster to make a better offer to avoid the costs and risks of trial.

Contact a Florida Car Accident Lawyer

If you have a pre-existing condition and suffered injuries in a Florida car accident, contact Zervos & Calta, PLLC today. We understand your challenges and will work diligently to get you the compensation you deserve. Our car accident attorneys have a reputation for excellence and our no-nonsense approach tells the insurance companies we don’t take the easy way out. Call us anytime, 24/7, for a free initial consultation.

Visit Our Florida Car Accident Law Offices

About the Author

Lauren Calta
Attorney Lauren Calta is a partner in the Tampa Bay law firm Zervos & Calta, PLLC. For 25 years, Lauren Calta has focused her legal practice on representing people who have been harmed in personal injury, car accidents or lost loved ones due to the negligence of others. A distinguished personal injury trial attorney, she has secured millions of dollars for her clients and is a lifetime member of the Million Dollar and Multi-Million Dollar Advocates Forum in recognition of having obtained a settlement or verdict in excess of $2 million. She also is an official member of Lawyers of Distinction, Tampa Bay Trial Lawyers, Clearwater Bar Association and Florida Justice Association.