Pre-Existing Conditions and Personal Injury: What You Need to Know
If you’ve been injured in an accident and you already had a medical issue beforehand—like back pain, arthritis, or an old injury—you might be thinking:
“Can I still file a claim?”
“Won’t the insurance company just blame it on my past?”
It’s a valid concern. But here’s the truth: having a pre-existing condition doesn’t automatically disqualify you from receiving compensation. In fact, it’s a very common part of personal injury law—and one I help clients work through all the time.
Let’s talk about how this works in Florida and what you can do to protect your case.
The “Eggshell Plaintiff” Rule in Florida
Florida follows a legal principle known as the Eggshell Plaintiff Doctrine. It basically means this:
You take the victim as you find them.
In other words, if someone causes an accident, they are still legally responsible for the harm they cause—even if the victim was more vulnerable to injury because of a pre-existing condition.
So yes—your previous injury or medical condition may make your situation more complicated, but it does not let the at-fault party off the hook.
Common Pre-Existing Conditions That Come Up in Injury Cases
Prior back or neck injuries
Arthritis
Degenerative disc disease
Old surgeries (like shoulder, knee, or hip replacements)
Migraines or neurological conditions
Anxiety or depression
In many cases, an accident aggravates or worsens an existing condition—and you’re entitled to compensation for that aggravation.
How Insurance Companies Use Pre-Existing Conditions Against You
This is where things get tricky.
Insurance companies will often:
Dig into your medical history
Blame your current pain on past problems
Argue your injuries would’ve happened anyway
Try to reduce or deny your claim altogether
That’s why having an experienced injury attorney matters. I know how to counter these tactics with solid medical evidence and clear legal arguments that prove the difference between your before and your after.
How to Strengthen Your Case if You Have a Pre-Existing Condition
✅ Be Honest About Your Medical History
Don’t try to hide your condition. Insurance companies will find it, and hiding it can hurt your credibility. I’d rather build your case with the full truth than try to fix surprises later.
✅ Keep a Clear Record of Your Current Symptoms
Track how your pain, mobility, or daily function changed after the accident. Your testimony matters—especially when paired with medical documentation.
✅ See the Right Doctors
You may need an orthopedic specialist, neurologist, or chiropractor who can clearly explain the difference between your pre-accident baseline and your post-accident condition.
✅ Let Your Attorney Handle the Insurance Company
Don’t argue your case to an adjuster. Let me communicate on your behalf with facts, records, and expert support.
Final Thoughts
A pre-existing condition doesn’t mean you don’t deserve justice. It just means your case needs more care, strategy, and documentation—and that’s exactly what I’m here to provide.
If you’ve been hurt in an accident and have a medical history that’s making you second-guess your claim, call Chatenka Injury Law today for a free consultation.
I’ll take the time to listen, review your case, and fight to make sure your past doesn’t overshadow your right to recovery.
