A car accident in Florida can cause various problems, including physical pain, mounting medical bills, and emotional distress. However, what if the collision doesn’t just cause new injuries, but aggravates a condition you thought was resolved? When a pre-existing condition intensifies or worsens following a crash, you may be wondering who is responsible for the additional medical care and suffering. Please continue reading to learn your legal options when a pre-existing condition is aggravated after an accident and how our determined Manatee County Car Accident Lawyers can help you navigate this difficult time.
Can You File a Claim If an Accident Worsens a Pre-Existing Condition?
A common concern for those involved in an accident is whether they can still pursue compensation if they had a pre-existing condition. Generally, the existence of a prior injury or medical issue won’t automatically bar you from pursuing a personal injury claim.
Florida law explicitly allows for recovery when an accident aggravates or exacerbates a pre-existing condition. It should be noted that you are not entitled to compensation for the existing condition itself. Instead, your claim must focus on the worsening of that underlying condition that was directly and demonstrably caused by the accident.
For instance, if you had a chronic back issue and a car accident herniates a disc, you are entitled to compensation for the additional pain, medical treatment, and disability related to the newly herniated disc, even though your back was not in perfect condition before the incident.
What is the Eggshell Skull Rule?
The key legal principle that supports these claims is the “egghsell plaintiff” rule, also known as the “eggshell skull” rule. This doctrine in personal injury law stipulates that a defendant must take their victim as they find them. This basically means that a negligent party cannot escape liability or have their financial responsibility reduced simply because the victim was more susceptible to injury than an average person due to a pre-existing medical condition.
Despite the eggshell skull rule, insurance companies and defense attorneys still aggressively challenge claims involving pre-existing conditions. They often argue that your current symptoms are solely a result of the underlying condition, not a result of the new accident.
How Do You Prove Your Injury Was Aggravated?
To successfully address this challenge in your personal injury claim, compelling and meticulous evidence is key. This evidence should include:
- Medical records (pre- and post-accident)
- Expert medical testimony
- Witness statements
- Diagnostic imaging results
- Personal journal
- Employment records
Dealing with an aggravation claim without legal representation can be incredibly difficult. The lawyers at Becker & Lindauer, LLC, can help gather evidence and effectively counter the defendant’s arguments that attempt to attribute your injuries to a pre-existing condition. Connect with us today to schedule a free consultation with our firm.
