How Pre-Existing Conditions Affect Your Personal Injury Claim

Imagine you’re in a car accident or take a fall at a local business, and you’re left with injuries that aggravate an old back issue. Suddenly, you find yourself dealing with an insurance adjuster who’s more interested in blaming your pre-existing condition than helping you recover. If this sounds familiar, you’re not alone.

At The Leach Firm, P.A., we’ve worked with countless individuals in Florida and Georgia who faced similar situations. Our goal is simple: to help you secure fair compensation, even when a pre-existing condition complicates your claim. Let’s break down how these conditions can impact your case—and how we can help.

How Pre-Existing Conditions Can Impact Your Claim

Insurance companies don’t want to pay more than they have to, so they often argue that your injuries aren’t related to the accident. Here are a few tactics they might use and why medical documentation is critical:

Common Examples of Disputes

• A prior back injury aggravated by a car accident: If you’ve suffered from back pain before, insurers might argue that your current issues are unrelated to the accident.
• A previous neck injury worsened by a slip and fall: They may claim your neck problems existed beforehand and weren’t affected by the fall.

The Role of Medical Documentation

Having detailed medical records is crucial. They help show how your condition worsened after the accident, proving its direct impact. These records might include diagnostic tests, doctor’s notes, or imaging results that clearly document the changes in your health.

The Eggshell Skull Rule

Did you know that the law protects you, even if your pre-existing condition made you more vulnerable to injury? This is thanks to something called the “Eggshell Skull Rule.”

What Is the Eggshell Skull Rule?

This rule holds that the at-fault party is responsible for all damages caused by their actions, even if the victim had a pre-existing condition that made them more vulnerable to injury.

Examples in Action

• A person with a brittle bone condition suffers a severe fracture in a minor car accident.
• Someone with mild arthritis experiences debilitating pain after a slip and fall.

This principle applies in both Florida and Georgia, giving you an added layer of protection if an accident worsens your condition.

Proving Aggravation of Pre-Existing Conditions

Building a solid case requires clear evidence showing how the accident impacted your health. Here are the key tools we use to establish this:

Medical Documentation

Detailed medical records from before and after the accident are key to showing how the event worsened your condition. For example, MRI scans or X-rays can clearly highlight changes directly caused by the accident.

Expert Testimony

Your treating doctor or a medical professional can explain how the accident directly impacted your health. Their expertise can strengthen your case by offering clear and credible explanations.

Diagnostic Tests

Imaging and test results can clearly show the changes in your condition before and after the accident, making it harder for insurers to dispute your claim.

Challenges and Strategies

Cases involving pre-existing conditions are often complicated. Insurance companies may try to reduce payouts, but we’re ready to push back against their tactics.

Insurance Company Tactics

Adjusters may argue that your injuries are unrelated to the accident or downplay the extent of your pain. They might also request access to your entire medical history, hoping to find evidence to use against you.

Be Transparent

Honesty is critical. Be upfront about any pre-existing conditions with your attorney and healthcare providers so they can tackle these issues head-on.

Document Changes

Keep a detailed journal of how the accident has affected your daily life. Note changes in mobility, increased pain, or activities you can no longer perform.

Seek Immediate Medical Attention

Getting prompt treatment helps create a clear timeline linking your accident to your worsening condition. Delaying care could give insurers a reason to question the severity of your injuries.

Florida’s Comparative Fault Law

In Florida, personal injury cases operate under a comparative fault system. This means that if you’re partially at fault for the accident, your compensation may be reduced.

How It Works

If you’re found 20% at fault, your settlement will be reduced by that amount. However, as long as you’re not more than 50% responsible, you can still receive compensation.

What About Georgia?

Georgia uses a modified comparative negligence rule, meaning you can only recover damages if you’re less than 50% at fault. Knowing this is crucial to safeguarding your claim.

The Role of an Experienced Attorney

When pre-existing conditions are involved, having the right legal team can make all the difference. At The Leach Firm, P.A., we take the following steps to strengthen your case:

Gathering Evidence

From medical records to witness statements, we compile everything needed to show how the accident affected your health.

Negotiating with Insurance Companies

We handle the tough conversations with insurers, ensuring they see the full picture of your injuries.

Building a Strong Case

Whether through expert testimony, diagnostic tests, or other tools, we work tirelessly to demonstrate the aggravation of your condition.

Injured in Florida or Georgia? We Can Help.

Your health history shouldn’t prevent you from seeking justice after an accident. At The Leach Firm, P.A., we’ve made it our mission to help injured clients secure the compensation they deserve.

If a pre-existing condition has become a sticking point in your personal injury claim, let us fight for your rights. Contact us today for a free consultation by calling 844-722-7567 or visiting our Contact Us page. Let’s work together to get you the justice you deserve.