One of the most common tactics insurance companies use to minimize personal injury settlements is pointing to pre-existing conditions. If you had a prior back injury, arthritis, or any other medical history, the insurer will argue your current pain is not from the accident at all. Here is the truth about how Florida law handles pre-existing conditions.
The Eggshell Plaintiff Rule
Florida follows what is known as the "eggshell plaintiff" doctrine — the legal principle that a defendant must take the plaintiff as they find them. In plain English: if you had a pre-existing vulnerability that made your injuries worse than they would have been for a healthier person, the at-fault party is still fully responsible for the harm they caused.
The "Aggravation of Pre-Existing Condition" Claim
Even if the accident did not cause a brand new injury, you may still have a valid claim if the accident aggravated, accelerated, or worsened a pre-existing condition. You are entitled to compensation for the difference between how you were before the accident and how you are after — not zero.
Why Medical Records Matter So Much
Having clear, documented medical records from before the accident is actually helpful in these cases because it establishes a baseline. A good attorney will use your pre-accident records to demonstrate exactly what changed — and why the accident is responsible for that change.
Do Not Let Insurance Companies Discourage You
When an insurance adjuster finds out about a pre-existing condition, they often use it as an excuse to deny your claim or offer a lowball settlement. Do not accept this without consulting an attorney. Pre-existing conditions are common and manageable in personal injury cases with the right legal representation.
Have questions about your case? Call Orlan Injury Law at 954-281-2540 for a free consultation. No fees unless we win.
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