How Pre-Existing Conditions Impact Auto Accident Injury Claims in Florida

For injured parties in Florida, pre-existing conditions often complicate the process of pursuing fair compensation. Insurance companies may attempt to downplay or deny claims by attributing the injuries solely to the pre-existing condition rather than the accident itself. However, under Florida law, individuals are entitled to recover compensation for the aggravation or worsening of pre-existing conditions caused by an accident.

It is advisable to consult with a West Palm Beach car accident attorney to discuss how pre-existing conditions can affect auto accident injury claims in Florida, how insurance companies and courts handle these situations, and what injured parties can do to protect their rights and ensure they receive fair compensation.

The Role of Pre-Existing Conditions in Auto Accident Claims

A pre-existing condition is any medical issue that an individual had before the auto accident occurred. These conditions can range from chronic back pain and arthritis to more serious ailments like heart disease or previous surgeries. In the context of an auto accident claim, the key issue is not whether the condition existed before the crash, but whether the accident aggravated or worsened the condition.

For example, if a person with a history of back problems is involved in a car accident and suffers increased pain or a new injury to the same area, they are entitled to seek compensation for the exacerbation of that pre-existing condition. However, determining how much of the injury is attributable to the accident versus the pre-existing condition is often a point of contention in insurance claims and litigation.

How Insurance Companies Handle Pre-Existing Conditions

Insurance companies are well aware of the complexities surrounding pre-existing conditions and often use them as a basis to reduce or deny claims. Adjusters will closely examine an injured party’s medical history, looking for any indication that the injury was pre-existing or unrelated to the accident. Their goal is to minimize the insurance company’s liability by arguing that medical treatment would have occurred regardless of the accident, or that the accident did not significantly worsen the condition.

A common legal concept is the use of the “eggshell plaintiff” doctrine. This legal principle holds that a defendant (in this case, the at-fault driver) is liable for the full extent of a plaintiff’s injuries, even if the plaintiff is more susceptible to injury due to a pre-existing condition. In other words, the injured party’s vulnerability does not reduce the at-fault driver’s liability. However, insurance companies may argue that only a small portion of the injury is related to the accident, attempting to downplay the connection between the crash and the worsening of the condition.

Another approach insurers may take is requesting access to extensive medical records. By scrutinizing a claimant’s medical history, they look for any evidence that could be used to argue that the injuries were pre-existing and not caused by the accident. This underscores the importance of being cautious when sharing medical information with insurers and seeking legal advice before providing access to personal medical records.

How Courts Handle Pre-Existing Conditions

In Florida, courts take a fair approach to cases involving pre-existing conditions. The law recognizes that while a condition may have existed before the accident, the victim is entitled to compensation if the accident aggravated or worsened that condition.

Under Florida law, an injured party can seek compensation for both the new injuries caused by the accident and any aggravation of pre-existing conditions. For example, if an individual had a degenerative spinal condition prior to the accident, but the collision caused a herniated disc or worsened their existing back pain, they can recover damages for the exacerbation of their condition. However, they must provide medical evidence that the accident caused the aggravation.

Although there isn’t a specific statute that exclusively governs the aggravation of pre-existing conditions, the Florida Standard Jury Instructions provide relevant guidance on how juries should handle cases where a pre-existing condition has been aggravated by an accident.

Specifically, Florida Standard Jury Instruction 501.5(a) covers how to assess damages when a pre-existing condition is involved. This instruction directs juries to award compensation for the portion of the injury that can be attributed to the aggravation or worsening of a pre-existing condition as a result of the accident. It states that the defendant can be held liable for the aggravation of the condition, even if the condition was present prior to the accident.

In addition to the standard jury instructions, case law in Florida has also affirmed the “eggshell plaintiff” doctrine, which holds that a defendant is liable for all damages resulting from an accident, even if the plaintiff had a pre-existing condition that made them more susceptible to injury.

At a trial, the jury will assess how the accident impacted the pre-existing condition and whether the condition was worsened by the crash. To make this determination, juries often rely on medical expert testimony. These experts can explain the extent of the injury before and after the accident, helping the jurors understand how the accident may have contributed to the worsening of the condition.

In cases where the accident exacerbated a condition that might naturally worsen over time, juries may award damages proportionate to the injury caused by the accident, distinguishing it from the natural progression of the pre-existing condition.

Proving the Aggravation of a Pre-Existing Condition

To successfully pursue compensation for the aggravation of a pre-existing condition, injured parties must provide medical evidence showing that the accident worsened the condition. This often involves the following steps:

Medical Records: Detailed medical records from before and after the accident are crucial. These records can demonstrate the difference in the severity of the condition before the accident and after the crash. Having a clear history of treatment for the pre-existing condition can help establish a baseline against which post-accident injuries can be measured. Objective studies like MRI studies can assist in this regard.
Medical Expert Testimony: Medical experts, such as treating physicians or specialists, play a key role in these cases. They can provide an opinion about the nature of the injuries and explain how the accident worsened the pre-existing condition. This testimony is often used to refute insurance company arguments that the injuries were not caused by the accident.
Consistent Medical Treatment: Injured parties need to seek immediate and ongoing medical treatment after the accident. Delays in treatment can weaken a claim by giving insurers room to argue that the injuries were not serious or were unrelated to the accident. Consistent treatment helps the injuries caused by the accident heal and also builds a compelling case for compensation.
Documentation of Pain and Limitations: In addition to medical records, injured parties should keep a journal documenting their pain levels, physical limitations, and how the injury affects their daily life. This can be valuable evidence in demonstrating the impact of the accident on their health and well-being.

Protecting Your Compensation Rights

If you have a pre-existing condition and were injured in an auto accident in Florida, there are steps you can take to protect your rights and maximize your compensation:

Be Honest About Your Medical History: Trying to hide or downplay a pre-existing condition can hurt your case. Insurance companies and courts will likely discover the condition during the claims process. Being upfront about your medical history ensures credibility and allows your doctor to provide complete medical treatment and also assists your attorney in crafting a strategy that addresses the pre-existing condition head-on.
Seek Legal Counsel: Navigating a claim involving pre-existing conditions can be challenging, especially when dealing with insurance companies eager to minimize payouts. An experienced personal injury attorney can help protect your rights, gather the necessary medical evidence, and advocate for fair compensation.
Follow Your Doctor’s Recommendations: Compliance with medical treatment is essential. Failing to follow your doctor’s advice can give insurers grounds to argue that you are not taking the injury seriously or that your condition is not as severe as claimed.

Contact Smith, Ball, Báez & Prather

If you have a pre-existing condition and were injured in an auto accident, don’t let insurance companies downplay your claim. At Smith, Ball, Báez & Prather, we have extensive experience handling complex injury claims, including those involving pre-existing conditions. We will work with medical experts to build a strong case and ensure you receive the compensation you deserve. Contact us today for a consultation to discuss your case and your legal options.

Sources:

floridabar.org/rules/florida-standard-jury-instructions/civil-jury-instructions/civil-instructions/

law.cornell.edu/wex/eggshell_skull_rule

Stuart v. Hertz Corp., 351 So. 2d 703 (Fla. 1977)