Being injured in a Tampa, Florida, car accident is overwhelming, especially if it worsens a pre-existing condition. Many accident victims worry that their health history will prevent them from recovering fair compensation. The good news is that Florida law allows you to pursue damages if an accident aggravates an existing injury.
An experienced Tampa car crash lawyer at Mincone Personal Injury Lawyers can explain your rights and fight for the compensation you deserve. Contact us today for a free consultation at (813) 800-0810.
How Mincone Personal Injury Lawyers Can Help You Recover Compensation for Pre-Existing Injuries After a Car Accident in Tampa
You deserve to work with a law firm that has the experience to protect your rights when an accident aggravates pre-existing conditions or injuries. At Mincone Personal Injury Lawyers, we understand how insurance companies try to use your medical history against you, and we know the steps it takes to prove your claim.
With over 15 years of experience, our team in Tampa, FL, understands how to handle car accident claims involving pre-existing injuries effectively. Our Tampa personal injury lawyers have recovered millions of dollars for accident victims.
When you hire us, our Tampa car accident lawyers will:
- Thoroughly investigating each case
- Review medical records
- Collaborate with doctors who can explain how a crash exacerbated pre-existing conditions
By gathering diagnostic tests and building a clear picture of your health before and after the accident, we show exactly how your injuries were aggravated. If you’ve been injured in a car accident and have pre-existing conditions, contact us today for a free consultaiton with a Tampa car accident attorney.
What Are Pre-Existing Conditions?
A pre-existing condition is any injury, illness, or health problem you had before your car accident, such as arthritis, back pain, herniated discs, or old fractures. Even conditions that were mostly healed or well-managed can be considered pre-existing if they are part of your medical history.
Insurance companies often point to these conditions to argue that your injuries are unrelated to the accident. However, under Florida law, you can still recover compensation if the accident aggravated or worsened your condition.
For example, if you had a prior neck injury that was stable, but the crash made it much more painful and required new treatment, you may be entitled to damages for the added medical costs, pain, and disruption to your life.
Florida’s Eggshell Plaintiff Rule
Florida follows the eggshell plaintiff rule, which means a negligent driver is responsible for all the harm they cause, even if the victim was more vulnerable due to a pre-existing condition. In other words, the at-fault party must “take the victim as they find them.”
For example, if someone had a back injury that was mostly healed but a crash made it much worse, the driver who caused the accident can still be held accountable.
Florida courts and jury instructions make this clear. Florida courts have confirmed that a defendant cannot escape responsibility because the victim had a prior weakness. Florida’s Standard Jury Instruction 501.5 also tells juries to award damages for any aggravation of a pre-existing condition, and if they cannot separate the old injury from the new one, to compensate for the whole condition.
How Do Insurance Companies Fight Pre-Existing Condition Claims in Florida?
Insurance adjusters often view pre-existing conditions as a convenient way to deny or minimize claims.
Common tactics include:
- Claiming your pain existed before the crash and is unrelated to your car accident
- Suggesting you are exaggerating symptoms for financial gain
- Offering lowball settlements that ignore the aggravation of your pre-existing conditions
- Demanding unnecessary medical examinations to look for reasons to deny coverage.
This is why it is essential to have a Tampa car accident lawyer on your side. A lawyer can push back against these strategies and help you prove your accident’s impact on your health.
How Do I Prove a Pre-Existing Condition Was Aggravated After a Car Accident?
One of the biggest challenges in these cases is proving that the accident worsened your condition. Insurance companies frequently argue that your current pain has nothing to do with the crash. A lawyer can help you build a case that shows the difference between your health before and after the accident.
Evidence may include:
- Medical records: Comparing your medical records to new evaluations can show changes in symptoms or diagnoses.
- Diagnostic testing: MRIs, CT scans, or X-rays may show new damage or worsening of an old injury.
- Doctor’s testimony: Physicians can explain how trauma from your crash aggravated your condition.
- Treatment history: Ongoing or regular therapy can show the accident’s impact on your life, especially if you rarely needed care before.
- Daily life impact: Testimony from family, co-workers, or friends can highlight how your ability to function has declined.
The stronger the evidence, the harder it is for insurers to deny that the crash played a role in your worsening health.
What Compensation Can You Recover for Pre-Existing Conditions After a Car Accident?
You may be entitled to economic and non-economic damages if you can prove that a car accident aggravated a pre-existing condition.
These may include:
- Medical expenses: Costs for emergency care, surgeries, prescriptions, hospital stays, therapy, and ongoing treatment for your aggravated condition.
- Lost wages: Income lost during recovery and potential future losses if your condition prevents you from working at the same capacity.
- Pain and suffering: Compensation for physical pain, emotional distress, and loss of quality of life caused by the accident’s impact on your health.
- Rehabilitation and therapy: Payments for physical therapy, chiropractic care, or other rehabilitative services.
- Loss of enjoyment of life: Compensation for aggravated pre-existing conditions that prevent you from enjoying regular hobbies or daily activities.
These damages can be substantial when a pre-existing condition is aggravated.
Contact Our Tampa Car Accident Lawyers Today for a Free Consultation
If you have been injured in a Florida car accident and are worried about how pre-existing conditions may affect your case, do not wait.
Our Tampa car accident lawyers have the experience, resources, and proven track record to fight against insurance companies and secure the compensation you deserve. Contact us today for a free consultation to learn how we can protect your rights.
