Yes, a pre-existing condition can affect how your personal injury case unfolds, but a previous injury doesn’t automatically make you ineligible for compensation.
You did nothing wrong by having a health history. Maybe you already lived with back pain or an old injury; the crash made it worse, and now an insurance adjuster is suggesting it “wasn’t really from the accident.” That’s frustrating, and it’s more common than you’d think. A pre-existing condition can complicate a personal injury case, but it doesn’t disqualify you. Under Florida law, if the accident aggravated your condition, you are entitled to recover damages for that aggravation and there is a helpful Florida jury instruction addressing this issue.
If you’re getting that pushback, or you just want to understand where you stand, an Orlando personal injury lawyer at DWK Law (Dellecker, Wilson, King, McKenna, Ruffier & Sos) can walk you through your options.
Does “you were already injured” actually work as a defense?
Not on its own. Insurance companies may argue you were already injured before the accident tied to your personal injury claim. If they can convincingly show your injuries and damages weren’t caused by the accident, they may avoid liability for your costs.
That’s why medical evidence matters so much. If you can’t clearly link your worsening symptoms to the accident, the “pre-existing condition” argument can go a long way toward shrinking the insurance company’s payout.
Should you hide your medical history from the insurance company?
No. It’s natural to worry that a pre-existing condition will complicate your claim, and that can tempt accident victims to hide their history. Don’t. We generally advise being careful not to overshare, but you should never try to conceal anything.
You should always be truthful about your medical history, but you do not have to automatically give an insurer unrestricted access to unrelated medical records. Your attorney can help determine what information is relevant to your claim and what to share if records are requested.
How do you show the accident, not your past, caused the damage?
You prove it with medical evidence that shows a clear before-and-after. The goal is to tie the worsening of your condition directly to the accident rather than to the natural progression of an old injury. Several kinds of evidence help:
- Prompt medical evaluation and treatment right after the accident
- Medical records comparing your condition before the accident to after
- Diagnostic imaging from before and after the crash
- Testimony from medical experts
- Detailed notes on your medical history
Florida law recognizes that an at-fault party can be responsible for aggravating or activating a pre-existing condition. If the effects of the accident can be separated from the prior condition, damages are generally limited to the aggravation. If they cannot reasonably be separated, damages may be awarded for the entire resulting condition.
What if the crash turned a manageable condition into a life-changing one?
Then you are entitled to recover compensation for the additional harm caused by the accident. If a managed condition became disabling because of the accident and dramatically changed how you live, you are entitled to pursue proportionate compensation, including:
- Pain and suffering, when recoverable under Florida law
- Lost wages
- Loss of earning capacity
- Therapies and medical treatments
- Assistive or mobility devices
The key is putting together the key evidence so you can succeed in proving this to a jury. Working with a car accident attorney in Orlando, we can also help identify the anticipated costs of continued care. We often recommend waiting to negotiate a settlement until your care has stabilized, so we can get a clearer picture of your long-term prognosis before putting a number on it.
Your health history shouldn’t cost you your case — call DWK Law
Your medical history is not a weakness in your case, even if the insurance company treats it like one. You shouldn’t have to give up fair compensation just because you were already living with a health condition when the accident happened. If that’s the spot you’re in, we’re here to help.
Call us at (407) 244-3000 or contact us online to schedule a free consultation with DWK Law and talk through your options.