When you’ve been in a crash, the last thing you want is to be blamed for injuries that weren’t your fault. Yet that’s exactly what many insurance companies try to do, especially if you have pre-existing medical conditions. Whether you suffered from an old back injury, arthritis, or a previous concussion, insurance adjusters will often argue that your current pain was not caused by the accident. In Florida, however, the law protects victims in such cases, especially when a crash worsens an existing condition. This is particularly important in a pre-existing conditions Fort Myers car accident claim, where proving that the collision aggravated your prior injuries can make a significant difference in the compensation you receive.
Knowing how pre-existing conditions interact with car accident claims is vital to protecting your right to full and fair compensation. This is especially true in a pre-existing conditions Fort Myers car accident claim, where understanding the legal nuances can help you secure the recovery you deserve. With support from a skilled Fort Myers personal injury attorney, you can push back against insurers who attempt to reduce your payout. At Dennis Hernandez Injury Attorneys, we fight to get you paid.
Can You Still File a Claim If You Had Pre-Existing Injuries?
Yes. Florida law allows injury victims to recover damages even when they had prior health issues. The key legal concept is “aggravation of a pre-existing condition.” According to Florida Standard Jury Instructions (Section 501.5), if an accident caused an existing condition to worsen, the at-fault party may still be held responsible for the degree of that worsening.
For example, in Alexander v. Alterman Transport Lines, Inc., 350 So. 2d 1128 (Fla. 1st DCA 1977), the court reaffirmed a victim’s right to claim damages when a car crash exacerbated a back injury that had existed before the incident. The court emphasized that aggravation damages are recoverable if proven with reasonable certainty. This precedent is highly relevant to a pre-existing conditions Fort Myers car accident claim, as it demonstrates that Florida courts recognize compensation when an accident worsens prior injuries.
With this precedent in mind, a knowledgeable fort myers car accident lawyer can present medical records, expert testimony, and even your treating physician’s opinion to show that the crash significantly worsened your condition.
How Do Insurance Companies Use Pre-Existing Conditions Against You?
Insurance adjusters are trained to minimize payouts. One of their favorite tactics is to comb through your medical history looking for past injuries or illnesses that could explain your symptoms. They often claim that your pain is unrelated to the crash, or would have existed regardless.
This is where a sharp accident lawyer Fort Myers FL becomes essential. Your attorney can gather medical records that show your condition was manageable before the crash and worsened only afterward. By working with orthopedic specialists or neurologists, your lawyer can document how your daily life changed after the accident. These steps are critical in a pre-existing conditions Fort Myers car accident claim, as they help establish a clear link between the collision and the aggravation of your prior injuries.
It’s also important to understand that Florida follows the “eggshell plaintiff” rule. This means that even if you were more vulnerable to injury because of a pre-existing condition, the at-fault party is still liable for the full extent of your injuries.
What Medical Evidence Can Strengthen a Florida Aggravation Claim?
Documentation is everything. After an accident, it’s vital to seek prompt medical care, even if you feel like your pain is “old” or familiar. Medical records from before and after the crash can help illustrate how your condition worsened.
A skilled injury lawyer fort myers will also help you obtain:
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Diagnostic imaging (MRI, CT scans, X-rays)
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Expert opinions from specialists
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Physical therapy records
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Pain and function assessments
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Work and disability records
These materials demonstrate that your injuries progressed significantly due to the crash and not simply due to age or prior conditions. Insurers can’t easily refute these documents, especially when they come from objective third parties.
What Role Do Pre-Existing Conditions Play in Settlement Negotiations?
During settlement negotiations, insurers may try to deduct compensation by arguing that your injury would have existed or worsened anyway. This can dramatically reduce the value of your claim unless you present clear evidence to the contrary.
Having an experienced car accident attorney fort myers on your side levels the playing field. Your attorney will calculate damages based on how much worse your condition became due to the crash, not just the injury itself.
Additionally, your lawyer will fight for coverage of:
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Emergency care and surgery
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Physical therapy
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Lost wages
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Loss of future earning capacity
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Pain and suffering
All these factors must be recalculated through the lens of how the crash specifically aggravated your health status.
Is a Lawsuit Necessary When Dealing with a Pre-Existing Condition?
It depends on how the insurance company responds. If they outright deny your claim or refuse a fair settlement, your litigation attorney florida may recommend filing suit. Taking legal action demonstrates that you’re serious, and often compels insurers to reconsider.
Florida law gives you four years to file a personal injury lawsuit under Fla. Stat. § 95.11(3)(a). However, if your case involves wrongful death, the statute of limitations is only two years. Don’t wait. The sooner your attorney begins building your case, the better chance you have of preserving crucial evidence. Acting quickly is especially important in a pre-existing conditions Fort Myers car accident claim, where timely documentation can make the difference between a successful recovery and a denied claim.
What Is the Impact of Expert Testimony in Florida Cases Involving Prior Conditions?
Expert testimony can make or break your claim. A strong auto accident lawyer fort myers will often consult:
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Orthopedic surgeons
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Neurologists
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Vocational rehabilitation specialists
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Economists for future loss assessments
These experts may testify how your pain level, range of motion, or ability to work changed after the accident. Their professional insight helps convince juries and judges that your pre-existing condition was significantly aggravated.
Courts frequently accept these opinions, provided they meet the standards under Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), adopted in Florida as the governing rule for expert admissibility.
What If the Insurance Company Claims You’re Lying About Your Condition?
Sadly, this happens more often than it should. Adjusters might suggest you’re exaggerating, malingering, or using the crash to gain sympathy or financial gain. This is where a trusted traffic accident attorney near me can push back.
Through deposition, expert evidence, and diligent record gathering, your attorney can expose bad-faith insurance tactics. If necessary, they can also file a separate claim for insurance bad faith under Fla. Stat. § 624.155.
Our firm has helped clients overcome these challenges before, and we’re prepared to do the same for you.
Can You Still File if the Insurance Company Already Denied You?
Yes. If your claim was denied because of a pre-existing condition, it doesn’t mean you’re out of options. With support from a bradenton car accident lawyer, you may be able to:
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Reopen the claim with new evidence
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File an appeal within the insurer’s deadline
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Initiate litigation for breach of contract
Don’t accept a denial at face value. A strategic legal review may reveal that the insurer violated your rights or ignored clear evidence of injury.
Are Motorcycle Injuries Treated Differently in Pre-Existing Cases?
Motorcycle crashes often result in complex trauma, and insurers may attempt to blame prior conditions for current symptoms. A qualified sarasota motorcycle accident lawyer knows how to fight these assumptions.
For instance, if you had previous back pain but are now paralyzed or require surgery after a motorcycle accident, you deserve compensation for that escalation. Courts in Florida acknowledge the difference between pre-existing discomfort and catastrophic aggravation. This distinction is crucial in a pre-existing conditions Fort Myers car accident claim, as it underscores your right to recover damages when an accident dramatically worsens your prior condition.
Do Jurors Understand Aggravation Claims?
With guidance from a skilled trial lawyer, they can. Jurors are instructed to consider whether the accident worsened a previous condition, and they may award damages based on that degree of change. A seasoned st petersburg car accident lawyer will use analogies, medical graphics, and expert testimony to help jurors understand your pain.
Clear communication makes all the difference. When your legal team can connect with a jury, the outcome often shifts in your favor.
Should You Mention Your Pre-Existing Conditions Right Away?
Absolutely. Never hide prior injuries. Transparency builds credibility. If you fail to disclose a known condition and the insurer uncovers it later, your claim could be dismissed.
A transparent claim, supported by a reputable personal injury lawyer, has a stronger chance of success than one clouded by omissions. Let your attorney present the full story in a way that strengthens your case.
What Type of Law Firm Should Handle Your Case?
Choose a firm with courtroom experience, medical understanding, and deep roots in Florida personal injury law. A dedicated accident law firm florida can handle every stage of your case, from claim filing to negotiation to trial.
Your legal team should be comfortable challenging medical experts, cross-examining insurance reps, and standing up for your rights in front of a jury. That’s the difference between a quick settlement and a just one.
Can Prior Injuries Affect Future Medical Treatment Plans?
Yes. If the crash made your condition worse, you may now need more aggressive or long-term care. Your injury law attorneys can seek compensation for:
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Extended physical therapy
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Injections or surgeries
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Assistive devices
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Mental health care
All of this should be factored into your damages. With a strong legal team, these costs won’t fall through the cracks.
How Do You Choose the Right Attorney for Aggravation Claims?
Find someone with experience in both medicine and litigation. A qualified accident attorney Sarasota will know how to coordinate with orthopedic specialists, neurologists, and surgeons. They’ll also understand Florida’s evidence rules, statutes of limitations, and jury expectations. This expertise is invaluable in a pre-existing conditions Fort Myers car accident claim, where medical complexity and legal strategy must align to prove aggravation and secure fair compensation.
Ask whether your lawyer has tried cases involving pre-existing conditions. At Dennis Hernandez Injury Attorneys, we’ve recovered millions and millions for victims in similar situations, and we’re ready to fight for you, too.
What if You Need Representation Right Now?
Reach out. Our legal team includes respected professionals like dennis hernandez lawyer and others who are nationally recognized for results. Whether you need help now or just want your case reviewed, we’re here to guide you.
Is It Worth Filing If You Only Have Minor Symptoms?
Yes. Even a small aggravation of a chronic condition can entitle you to damages. A seasoned injury compensation florida attorney can evaluate the full scope of your losses, including pain and suffering.
You may not realize the long-term impact of the injury until weeks or months later. That’s why filing early, and documenting everything, is essential.
Can You Be Compensated for Lost Wages Due to Worsened Injuries?
Absolutely. A litigation law firm can fight for lost income, reduced earning potential, and long-term disability if your pre-existing condition was worsened to the point that you can no longer work.
Economic experts will be brought in to calculate future losses. You deserve to be made whole, not just for now, but for years to come.
What’s the Bottom Line?
Pre-existing conditions should never be a reason to deny you justice. If a car crash made your injuries worse, Florida law gives you every right to seek compensation. A knowledgeable Florida personal injury claim attorney can fight for every dollar you deserve, especially in a pre-existing conditions Fort Myers car accident claim, where proving aggravation is key to maximizing your recovery.
At Dennis Hernandez Injury Attorneys, we’ve stood beside countless injured victims. With the strength of a seasoned car crash lawyer fort myers on your side, you can take on the insurance companies and win.
We fight to get you paid!
