A serious accident can leave you injured and forced to fight a lengthy legal battle where insurance companies downplay your pain. Often, the hardest part of a personal injury lawsuit is convincing insurance companies and the courts that your injuries are real and worth compensation. When you have a pre-existing condition, this uphill battle becomes increasingly harder. That’s because insurance companies look at your medical history and use it against you. For example, they may claim that the injuries you are suffering from are actually due to your pre-existing condition.
You don’t have to worry, though. It is a known fact that injuries from an accident can not only cause new injuries, but can also make pre-existing conditions worse. Thankfully, Florida law can protect you so you can fight for the compensation you need to recover. You just need to have the right experienced personal injury lawyer on your side.
What Is a Pre-Existing Condition in a Personal Injury Lawsuit?
When it comes to a personal injury lawsuit, a pre-existing condition can refer to any medical issue you had before the accident. You should know that if you have any existing medical issue, your condition does not disqualify you from filing a claim. In fact, if the accident caused your symptoms to worsen, that is all the more reason to file a claim quickly.
In Florida, courts use something referred to as the eggshell skull rule. This means that the defendant must take the victim as they are, even if they’re more vulnerable to injury for some reason. For instance, if a victim suffers from a condition that makes their bones fragile and more susceptible to breaking, that doesn’t reduce the defendant’s liability just because someone else would not have suffered as severely.
Some examples of pre-existing conditions that can cause additional complications in the recovery process include:
- Chronic neck or back pain
- Osteoarthritis
- Herniated or bulging discs
- Healed fractures
- Previous surgeries
- PTSD or other mental health conditions
These are only a few examples of conditions that can worsen after an accident. If this is part of your concern, you may have the right to seek compensation for the extra damage the accident has caused, not just the damage it would have caused if you didn’t have pre-existing conditions.
How Pre-Existing Conditions Affect Your Injury Claim
Insurance companies look for ways to avoid paying out compensation. They’re trying to protect their bottom line, not the injured person. One of the most common tactics they’ll use to do this is to blame the injury you have on old issues. They’ll try to argue that your symptoms already existed and that you’re exaggerating the damage the accident actually caused. They’ll say things like:
- The pain was already there
- You didn’t go to the doctor right away
- Your MRI shows degeneration, not trauma
That doesn’t mean they’re right, nor does it mean you’ll automatically lose the fight for the compensation you deserve. An accident can make your condition worse and even trigger symptoms you’ve never dealt with before. You just need proof.
Proving the Accident Worsened a Pre-Existing Condition
Clear medical evidence is key in proving that the accident worsened your pre-existing condition. You should start by getting treatment immediately. This will show the new damage and clearly link the accident. You should also follow all your doctor’s medical advice and attend all follow-up appointments. These actions strengthen your case. Not taking these actions can hurt your claim because the insurance companies can argue that your new injuries aren’t bad enough for you to take seriously.
Your doctor might also provide helpful evidence in the form of:
- Imaging tests from before the accident and after
- Treating physician notes
- Testimony from specialists and medical experts
Sometimes, insurers request an Independent Medical Examination (IME) to challenge your claims further. Be transparent and honest during this examination. Tell them everything you dealt with before the accident and the ongoing issues you have. Hiding anything will only hurt your claim. Remember that the insurers plan to dig through all of your records to find inconsistencies. Work with your lawyer to prepare for any IMEs.
The best evidence you can present is in the form of medical records. What your doctor says about the correlation between your pre-existing condition and the accident is crucial in your claim. Your lawyer will work with your doctor to show how the new injury has affected you.
What to Do If You Have a Pre-Existing Condition
If you suffer from an injury sustained after an accident, you might wonder what you should do next. You should start by going to a doctor to protect your claim. When you have a pre-existing condition, it’s even more critical to do this immediately and describe your symptoms and medical history in detail. You should inform the doctor about the changes you see after the accident.
Document all of your doctor visits, treatment plans, prescriptions, and therapy sessions. Save all of the bills and keep track of your out-of-pocket expenses. It’s also a good idea to keep a journal of your daily symptoms.
Lastly, be sure you speak directly with your lawyer and avoid making any statements to the insurance companies. These companies receive training on how to twist your words. Provide the statements to your lawyer instead, and let them handle corresponding with insurers.
Don’t Let a Pre-Existing Condition Stop You from Seeking Justice
Just because you have a pre-existing condition, you should not lose credibility or your right to seek compensation. If someone else’s negligence worsens your old injuries, you have options. Don’t let the insurance companies exploit you and belittle your claim.
Our legal team at Jurewitz Law Group Injury & Accident Lawyers will work hard with you to gather the evidence necessary to build a strong personal injury lawsuit. We know the insurance company’s tricks and are ready to help you combat them. Contact us at (619) 233-5020 today for your free consultation. We’ll help you fight for the justice you deserve.
