How a Pre Existing Condition Affect Your Personal Injury Claim in Florida

If you’ve been hurt in a car crash or a slip and fall, you’re likely dealing with more than just physical pain. You’re juggling medical bills, missed work, and the stress of dealing with an insurance company. But what happens if you already had a bad back or an old neck injury before the crash happened? Many people fear that having a pre existing condition affects their ability to recover any money at all.

At the Law Offices of Robert Johnson, often known as "Car Crash Rob," we hear this concern every day in Tampa. You might think your medical history is a deal-breaker for your case, but the truth is actually the opposite. In Florida, you are still entitled to compensation even if an accident worsens a condition you already had. However, navigating these personal injury claims requires a strategic approach and a legal team that knows how to handle the tricky tactics of insurance adjusters.

1) Are You Still Entitled to Compensation if an Accident Worsens an Old Injury?

The short answer is yes. Under Florida law, you are not disqualified from seeking damages just because you weren't "perfectly healthy" before the incident. In fact, many personal injury cases involve a victim who had a dormant or manageable health issue that became a nightmare after a collision.

When an accident aggravates an existing problem, the law focuses on the increase in your suffering. For example, if you had mild sciatica that allowed you to work and play with your kids, but a car accident turned it into a debilitating condition requiring surgery, the person at fault is responsible for that change. You aren't asking for a "new" back; you are asking to be compensated for the loss of the functional life you had.

This is a critical distinction in claims involving pre existing conditions. We don't just look at the injury in a vacuum. We look at your life "before" versus your life "after." If the accident worsens your quality of life, the negligent party must pay for the medical expenses, lost wages, and pain and suffering that resulted from their actions.

2) The Role of Medical History in Personal Injury Cases

When you file a claim, the insurance company will immediately dig into your medical records. They aren't doing this to be helpful. They are looking for a reason to say, "Hey, this person was already hurt! We shouldn't have to pay."

This is why your medical history is the most scrutinized part of your case. Insurance adjusters are trained to look for any mention of a prior medical issue that looks similar to your current injury. If you are claiming a neck injury from a crash, they will hunt through ten years of records to find a time you mentioned a stiff neck to your doctor.

To combat this, you need a personal injury lawyer who understands how to frame the narrative. At our firm, we emphasize transparency. Hiding a prior condition is the quickest way to ruin your credibility. Instead, we use those records to show exactly how the conditions affect you now compared to before. By showing a clear "baseline" of your health, we can prove the degree to which the recent accident aggravated your state.

3) The "Eggshell Skull" Rule: Protecting Vulnerable Victims

In the legal world, there is a famous concept known as the "Eggshell Skull" rule. It basically says that a defendant must take the victim as they find them. If you hit someone with a skull as fragile as an eggshell, and they suffer a massive brain injury from a light tap, you can’t argue that a "normal" person wouldn't have been hurt.

This rule is vital for personal injury claims in Florida. It means that your frailty or prior medical issues are not an excuse for the defendant to avoid responsibility. Whether you have a degenerative disc disease or a history of knee problems, the law protects your right to be "made whole" again.

If you’re unsure how to start your claim or what steps to take first, check out our guide on 10 steps to take immediately after a car accident in Florida. Knowing what to do in the first few hours can significantly affect your personal injury claim later on.

4) How Insurance Adjusters Use Your Past Against You

Make no mistake: the insurance company is not your friend. Their goal is to save money, and "pre-existing conditions" are their favorite weapon. They will often use a tactic called "apportionment," where they try to assign a percentage of your pain to your old injury and a percentage to the new accident.

They might send you a letter saying, "We’ve reviewed your medical records and determined that 80% of your back pain is due to age-related wear and tear, so we are only offering 20% of the medical bills."

This is where having a strong legal team makes a difference. We work with experts to prove that the "wear and tear" was asymptomatic—meaning it wasn't causing you pain—until the impact of the crash. To understand more about how we use professionals to fight these claims, read our post on what role medical experts play in a personal injury case.

5) Proving the Accident Aggravated Your Medical Issues

Proving that an accident aggravated a prior condition is a technical process. It requires more than just you saying, "it hurts worse now." We rely on several key pieces of evidence:

• Comparative Imaging: Comparing an MRI from two years ago to an MRI taken after the accident. A radiologist at a place like El Paso Back Clinic or a local Tampa specialist can often identify new "acute" trauma on top of old "chronic" changes.

• Expert Testimony: Doctors who specialize in the spine, such as those at ChiroMed, can testify about how a sudden impact forces a previously stable injury into an unstable, painful state.

• Functional Evidence: Evidence that you were working, exercising, or living without restrictions before the crash. If you were working 40 hours a week and now you can't stand for ten minutes, that is powerful proof.

It’s also important to remember that even minor pain shouldn't be ignored. What feels like a small ache today could be the sign of a significantly worsened spinal condition that will cost thousands in future medical expenses.

6) Recovering Lost Wages and Pain and Suffering

A common mistake victims make is thinking they can only recover money for the "new" injury. In reality, you are pursuing compensation for the total impact on your life. This includes:

1. Medical Expenses

This covers the ER visit, surgeries, physical therapy, and any specialized care from experts like Dr. Alex Jimenez. If the accident worsens a condition to the point of requiring lifelong care, we calculate those future costs into your demand.

2. Lost Wages

If your pre-existing condition was managed well enough for you to work, but the accident made it impossible to return to your job, you are entitled to lost wages. We look at your historical earnings and how the injury has stripped away your ability to earn a living.

3. Pain and Suffering

This is the most "human" part of the claim. It’s about the loss of joy, the inability to sleep, and the constant stress. Whether you were injured in a private car or while using public transportation, your pain and suffering are valid.

7) Why You Need a Tampa Personal Injury Lawyer for Your Case

Navigating the intersection of medical history and law is complex. You shouldn't have to do it alone while recovering. Attorney Robert Johnson has over 20 years of experience in the Tampa area, fighting for clients in Lakeland, St. Petersburg, and throughout Florida. We know how to handle the local insurance adjusters and the specific Florida statutes that protect your rights.

One major hurdle in modern cases is the "digital evidence trap." If you post a photo on Facebook from three years ago of you hiking, an insurance company might try to use it as "proof" that you were fine yesterday. We help you protect your claim from these digital pitfalls.

For more resources and to see how our firm compares, you can find us on OnTopList or check out general legal updates on Yahoo.

8) Don't Let the Insurance Company Bully You

If you’re worried about how your medical history might affect your personal injury claim, don't wait. Contact us today for a free consultation. We take the time to listen to your incident, review your medical records, and build a strategy that accounts for your specific needs.

Visit our office at 1211 Tech Blvd. Suite #110 Tampa, Florida 33619, or call us 24/7 at (813) 540-3225. Let our legal team fight for the justice you and your family deserve.

Whether it's a car crash, a motorcycle accident, or a slip and fall, "Car Crash Rob" is in your corner.

Disclaimer: This article is for general informational purposes and does not form an attorney-client relationship. For help with any personal injury case, reach out to Robert Johnson.