Can You File a Personal Injury Claim If You Have a Pre-Existing Injury?

Many people hesitate to pursue a personal injury claim after an accident because they already have a prior injury or medical condition. It’s a common misconception that a pre-existing condition automatically disqualifies someone from recovering compensation. In reality, under Florida law, that is not the case.

The key issue is whether the accident made your condition worse. If your injury was aggravated due to someone else’s negligence, you may still have a valid claim.

How Florida Law Treats Pre-Existing Conditions

Florida follows what is known as the “eggshell skull rule.” This principle means that a negligent party must take the injured person as they are. Even if you were more vulnerable due to a prior injury, the at-fault party can still be held responsible if their actions worsened your condition.

However, there is an important limitation. You cannot recover compensation for the original injury itself—only for the additional harm caused by the accident. This is why it becomes essential to clearly show that your condition changed or worsened after the incident, rather than progressing naturally over time.

When an Old Injury Becomes a New Problem

Accidents often aggravate existing conditions, especially those involving the back, neck, joints, or previous fractures. For example, someone who once experienced mild, occasional back pain may develop chronic pain or mobility issues after a car accident. In situations like this, the at-fault party may be responsible for the worsening of that condition.

Why These Claims Can Be Challenging

Insurance companies often push back harder when a pre-existing condition is involved. They may argue that your symptoms are simply the result of aging or prior injuries rather than the accident itself. It’s also common for insurers to review your medical history in detail, looking for anything they can use to weaken your claim.

Because of this, these cases require stronger and more precise evidence than a typical personal injury claim.

Proving Your Condition Was Worsened

To successfully pursue compensation, you need to show a clear link between the accident and the change in your condition. This usually involves demonstrating that you had a documented injury before the accident, and that your symptoms became more severe afterward.

Medical records play a crucial role here, especially those that compare your condition before and after the incident. Doctor evaluations, expert opinions, and even your own documentation of how your daily life has changed can all help strengthen your case.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.