When involved in a car accident in Florida, the presence of a pre-existing condition can significantly affect the outcome of your personal injury claim. Florida law adheres to the "eggshell plaintiff" doctrine, meaning that an injured person's pre-existing condition does not bar them from seeking compensation. However, the insurance company or defense team may attempt to use this condition to reduce the amount of compensation.
In this article, we'll explore how pre-existing conditions impact a car accident claim in Florida and what steps you can take to protect your rights.
What Is a Pre-Existing Condition?
A pre-existing condition refers to any medical issue you had prior to the accident. These conditions can range from chronic back pain to prior surgeries or injuries. While such conditions may not have been causing you pain or limiting your activities before the accident, the trauma of the accident can aggravate or worsen them.
Examples of pre-existing conditions include:
- Degenerative disc disease
- Arthritis
- Past surgeries or injuries
- Diabetes
- Heart conditions
- Chronic back or neck pain
Florida's "Eggshell Plaintiff" Doctrine
Florida follows the "eggshell plaintiff" doctrine, which states that defendants must take plaintiffs as they find them. This means that, despite a person being more susceptible to injury because of a pre-existing condition, the at-fault party remains liable for all the injuries resulting from the accident. In other words, the defendant cannot avoid liability just because the victim's injuries are worse due to their pre-existing condition.
The Impact of Pre-Existing Conditions on Your Claim
While you have the right to compensation, pre-existing conditions can complicate a car accident claim. Insurance companies often try to use the existence of a pre-existing condition as a way to limit or deny a payout. They may argue that the injuries you are claiming compensation for are not related to the accident but rather are a result of your pre-existing condition.
Key factors that can impact your claim include:
- Aggravation of a Pre-Existing Condition: If the accident worsens a pre-existing condition, you are entitled to compensation for the aggravation. However, proving this can be challenging, as the burden falls on the plaintiff to demonstrate that the accident worsened their condition.
- The Extent of the Injuries: If your injuries were minor or unrelated to your pre-existing condition, the insurance company might downplay your compensation. You'll need to clearly establish the connection between the accident and the worsening of your condition.
- Medical Records and Documentation: Your medical history and the documentation of your pre-existing condition play a critical role in determining the outcome of your case. It's essential to provide accurate and detailed medical records that show the state of your condition before and after the accident.
Steps to Protect Your Car Accident Claim
If you have a pre-existing condition and are involved in a car accident in Florida, it's important to take the following steps to ensure that your claim is not unfairly impacted:
- Disclose Your Pre-Existing Condition: Be upfront about any pre-existing conditions with your attorney and the insurance company. Hiding a condition can damage your credibility and weaken your case. By disclosing your condition, you allow your attorney to prepare a defense that anticipates the tactics the insurance company may use.
- Seek Immediate Medical Attention: After the accident, get medical attention right away. This helps to document any injuries related to the accident and will also establish a baseline for your pre-existing condition.
- Keep Detailed Medical Records: It's vital to maintain clear and detailed medical records that show how your condition has changed or worsened as a result of the accident. These records will be an important piece of evidence, proving that the accident aggravated your condition.
- Work With a Qualified Attorney: Handling a car accident claim with a pre-existing condition can be complex. A skilled Florida personal injury attorney can help with the legal challenges and ensure you receive the compensation you deserve.
How Insurance Companies Handle Pre-Existing Conditions
Insurance companies often take an aggressive stance when a claimant has a pre-existing condition. They may argue that your injuries are not a result of the accident but stem from your prior condition. Here are some tactics that insurance adjusters commonly use:
- Requesting Prior Medical Records: Insurers often request extensive medical records to examine your health history and look for any pre-existing condition they can use to lower your claim's value.
- Downplaying Your Injuries: The insurance company might try to argue that your current injuries are solely due to your pre-existing condition and that the accident had little or no impact on your health.
- Offering Low Settlements: Because of the complexity involved with pre-existing conditions, insurance companies may offer lower settlements in the hope that you will accept to avoid a lengthy battle.
Florida No-Fault Insurance and Pre-Existing Conditions
Florida is a no-fault insurance state, which means that your own insurance (Personal Injury Protection or PIP) is going to cover medical expenses up to a certain limit regardless of fault. PIP benefits cover up to $10,000 in medical expenses and lost wages. However, if your damages exceed this amount or if your injuries are severe, you can pursue a claim against the at-fault driver.
Your pre-existing condition may influence the amount your PIP insurance covers, so it's essential to understand the limitations and how your condition might affect the total payout.
Conclusion
Having a pre-existing condition doesn't mean you aren't entitled to compensation following a car accident in Florida. The key is to demonstrate that the accident aggravated your condition and caused further harm. With the right legal strategy, detailed medical records, and an understanding of Florida law, you can manage the challenges of filing a claim with a pre-existing condition and obtain the compensation you're entitled to.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Florida personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve. Contact us now for a free legal review.