What if My Car Accident Made a Pre-Existing Condition Worse?

If you were injured in a Florida car accident and had a medical issue beforehand, you may be wondering if you’re still eligible to file a personal injury claim. This is a common concern—and a valid one. Florida law is clear: you can pursue compensation even if you had a pre-existing condition, as long as the accident made it worse.

Whether it’s a herniated disc, arthritis, PTSD, or any other chronic issue, an accident can trigger flare-ups, aggravation, or lasting damage. The legal system accounts for these situations, and insurance companies can’t automatically deny your claim based on a prior condition. That said, these cases are often more complex than standard injury claims and require the right approach.

This article will walk you through everything you need to know—from understanding how the law views aggravated injuries, to filing a successful claim and maximizing your compensation.

 

Understanding Pre-Existing Conditions in Florida Personal Injury Law

A pre-existing condition is a health issue that existed before your accident. It could be something long-standing like arthritis or something relatively recent, like a back injury from a previous incident. In personal injury law, the presence of a pre-existing condition does not disqualify you from seeking damages—in fact, the law specifically protects people in this situation.

Florida follows a principle that recognizes you might have been more vulnerable to injury than others. If an accident aggravated or worsened that condition, you are legally entitled to pursue damages for the extent of the aggravation. The key is establishing that the crash caused a measurable worsening of your medical state.

Common Pre-Existing Conditions Often Involved in Car Accident Claims

1. Herniated discs or back injuries: These can worsen significantly with impact trauma.
2. Arthritis or degenerative joint disease: Sudden movements or collisions can lead to flare-ups.
3. PTSD or mental health conditions: Emotional trauma from accidents can reignite prior psychological issues.
4. Chronic neck pain: Whiplash can exacerbate long-standing neck injuries.
5. Previous surgeries or mobility issues: These can be impacted by collision-related physical trauma.

In each of these cases, an accident can push a manageable condition into something much more debilitating—and that change is legally significant.

 

What Is the Eggshell Plaintiff Rule in Florida?

The “eggshell plaintiff” rule is one of the most important legal doctrines for people with pre-existing conditions. Under this rule, a defendant (the person at fault) must take the plaintiff (the injured person) as they find them. In plain terms, this means that if you were more susceptible to injury because of your prior condition, the at-fault party is still fully responsible for the harm they caused.

This doctrine recognizes that not everyone has the same level of health or resilience. The fact that someone else might not have been injured as badly doesn’t reduce the defendant’s responsibility in your case.

Why the Eggshell Plaintiff Rule Matters

1. It protects vulnerable individuals who suffer greater harm due to an accident.
2. It prevents insurance companies from using your medical history to deny you compensation.
3. It ensures you can recover damages for the full extent of your injuries—even if those injuries were aggravated versions of previous issues.

It’s essential that your attorney leverages this rule when negotiating or litigating your claim.

 

Filing a Car Accident Claim with a Worsened Injury

If your car accident has made a previous condition worse, you can and should file a personal injury claim. However, doing so successfully requires extra steps and more detailed documentation than a standard claim. The burden is on you (and your legal team) to demonstrate that the accident made your existing condition worse, and to what extent.

Key Steps in Filing Your Claim

1. Seek immediate medical attention: Early treatment creates a documented link between the accident and your worsened condition.
2. Inform your doctor about your medical history: This helps distinguish old symptoms from new or aggravated ones.
3. Get updated diagnostic tests: Imaging like MRIs or X-rays can visually prove worsening conditions.
4. Preserve your medical records: You’ll need both pre- and post-accident records to establish the difference.
5. File an insurance claim as soon as possible: This includes notifying your own insurance and the at-fault driver’s insurer.
6. Hire a personal injury attorney: Especially in pre-existing condition cases, legal expertise is critical.

Your claim will be stronger with support from healthcare professionals who can testify to the difference in your condition after the crash.

 

Will Insurance Cover My Aggravated Injury in Florida?

Unfortunately, many accident victims find that their claims are met with skepticism—or even outright denial—when pre-existing conditions are involved. Insurance companies may argue that your pain or mobility issues were already there and unrelated to the accident. That’s why clear documentation and professional advocacy are vital.

Common Reasons for Insurance Denials in These Cases

1. Claiming the injury was “pre-existing” and unrelated to the crash.
2. Asserting that no “new injury” occurred.
3. Alleging that the accident was too minor to cause aggravation.
4. Suggesting the claimant is exaggerating symptoms.

How to Push Back Against Denials

1. Submit before-and-after medical records showing change.
2. Use expert testimony from your doctor.
3. Consider hiring a specialist who can assess the extent of aggravation.
4. Let a personal injury attorney handle communications and appeals.

With the right approach, these denials can often be overturned.

 

Real-Life Scenarios: Injuries Often Worsened in Car Crashes

Many injuries become significantly worse following a car accident. Even if you were managing your condition well before, the impact of a crash can increase pain, limit mobility, and require additional treatment or surgeries.

Herniated Discs

If you had a mild herniated disc or bulge prior to the accident, trauma from the crash can push the disc further out of place, causing severe nerve pain and loss of function. This worsened condition can be seen on post-accident imaging.

Arthritis

You might have had manageable arthritis symptoms before the collision. But accidents often trigger inflammatory responses, leading to severe pain and reduced joint movement—resulting in a significantly different and more serious condition than before.

PTSD and Mental Health Worsening

Mental health conditions like PTSD can be reignited by a traumatic accident. A person who had previously improved through therapy may find themselves again experiencing flashbacks, panic attacks, or anxiety.

Each of these cases illustrates how a previously stabilized condition can deteriorate due to a new trauma—and why that makes for a valid legal claim.

 

Legal Compensation: What You Could Be Entitled To

If you can prove that the accident worsened your existing condition, you may be eligible for compensation under Florida law. The goal is to recover both economic and non-economic damages related to the aggravation of your injury.

Potential Damages You Can Recover

1. Medical expenses: Includes ER visits, ongoing treatment, surgeries, and physical therapy.
2. Lost income: If you had to take time off work or reduce your hours.
3. Reduced earning capacity: If the worsening condition affects your ability to work long-term.
4. Pain and suffering: Includes physical pain, emotional distress, and loss of enjoyment of life.
5. Future medical costs: Especially for lifelong or degenerative conditions worsened by the crash.

The more detailed your documentation, the easier it is to quantify and demand appropriate compensation.

 

Frequently Asked Questions

Can I still file a personal injury claim in Florida if I had a pre-existing condition before the car accident?
Yes, you can. Florida law allows individuals with pre-existing medical conditions to file personal injury claims if an accident worsens or aggravates that condition. The fact that you had an injury or chronic illness before the crash does not disqualify you from pursuing compensation. What matters is whether the accident caused a measurable increase in symptoms, pain, or disability.

What is the eggshell plaintiff rule, and how does it apply to my case?
The eggshell plaintiff rule is a legal principle that protects individuals who are more vulnerable to injury. Under this rule, the at-fault party is fully responsible for the injuries caused by the accident—even if those injuries are more severe due to your pre-existing condition. In other words, the defendant must take the victim “as they find them,” which means they cannot use your prior health issues as a defense to reduce their liability.

Will the insurance company cover my aggravated injury?
Insurance companies often try to deny or minimize claims involving pre-existing conditions, arguing that the injury already existed. However, if you can provide medical evidence showing that your condition worsened as a result of the accident, you can still recover compensation. Insurers are legally required to consider the aggravation of prior injuries just as they would consider new injuries. A detailed medical history, diagnostic tests, and doctor evaluations can help demonstrate that your current condition is a direct result of the accident.

How do I prove that the accident made my condition worse?
Proving aggravation of a pre-existing condition involves showing a clear difference in your medical status before and after the accident. This can be achieved through comparative diagnostic imaging (such as MRIs or X-rays), detailed physician reports, and expert medical testimony. Consistent documentation of symptoms—especially if supported by your treating physician—can also help establish the worsening of your condition due to the crash.

What types of compensation can I recover if my old injury was aggravated by a car accident?
If your pre-existing injury was aggravated in a Florida car accident, you may be entitled to compensation for various damages. These include the cost of medical treatment, physical therapy, medications, and surgeries needed as a result of the aggravation. You can also seek reimbursement for lost wages if the condition affected your ability to work, as well as compensation for pain and suffering, emotional distress, and loss of quality of life. In some cases, future medical costs and diminished earning capacity may also be covered.

 

Contact Lawlor, White & Murphey Today

Don’t let a pre-existing condition discourage you from pursuing justice. You have legal rights—and if an accident made your situation worse, you deserve compensation for that worsening. Navigating these claims can be complicated, but a skilled attorney can help you overcome insurance challenges and build a strong case.

Most Florida personal injury lawyers offer free consultations and work on a contingency basis, meaning you pay nothing unless they win your case.

Take action today. Contact Lawlor, White & Murphey today and find out what your claim is really worth.