How Pre-Existing Conditions Affect Car Accident Claim in Florida

If you’ve been injured in a Florida car accident but already had a medical condition, you may be wondering whether that will hurt your chances of getting compensation. Insurance companies often use pre-existing conditions to deny or reduce claims—but Florida law allows you to recover damages if the accident made your condition worse.

This comprehensive guide explains your rights, the legal framework in Florida, how to handle insurers, and what to do next if your claim has been affected by a prior injury.

What Is a Pre-Existing Condition?

Defining a Pre-Existing Condition in Personal Injury Law

A pre-existing condition is any injury, illness, or medical issue that existed before your car accident. These may be chronic, recurring, or even resolved conditions that appear in your medical history.

Common Types of Pre-Existing Conditions

Conditions that insurers often scrutinize include:

1. Herniated or bulging discs
2. Arthritis or degenerative joint disease
3. Chronic back or neck pain
4. Migraines or traumatic brain injury symptoms
5. Old fractures or sprains
6. Past surgeries or soft tissue damage

Even a minor condition that seemed stable before the crash can become central to a claim if it worsens afterward.

 

Can You Still File a Claim?

Your Right to Compensation After an Aggravated Injury

Yes, you can still file a claim. Under Florida law, a person who suffers an aggravation of a pre-existing injury due to someone else’s negligence has the right to seek compensation.

If you were relatively pain-free or medically stable before the accident and now experience increased pain or limitations, that change matters legally.

 

Understanding Florida’s No-Fault Insurance System

What Is PIP and How Does It Work?

Florida drivers are required to carry Personal Injury Protection (PIP) insurance, which covers up to $10,000 of your medical expenses and lost wages, no matter who caused the accident.

When You Can Go Beyond PIP

If your injuries are serious, permanent, or lead to significant aggravation of a prior condition, you can step outside the no-fault system and file a personal injury lawsuit against the at-fault driver.

 

How Pre-Existing Injuries Are Handled Under Florida Law

Aggravation of Injury: The Legal Principle

The law distinguishes between the existence of a condition and its worsening. You are not penalized for having prior health issues. If the accident made things worse, even slightly, that can form the basis of a claim.

Florida’s Comparative Negligence Doctrine

Under comparative negligence, if your injury is partly due to a pre-existing issue and partly due to the crash, your compensation may be reduced proportionally. However, you can still recover the portion directly caused by the crash.

 

How Insurance Companies Use Pre-Existing Conditions Against You

Insurer Tactics That May Hurt Your Claim

Insurance companies often:

1. Review your full medical history to find old injuries
2. Claim that your current symptoms were already present
3. Argue the accident didn’t cause any new damage
4. Use Independent Medical Exams (IMEs) to downplay your condition

Settlements Offered Too Soon

Adjusters may offer fast settlements, especially if they believe your injury is tied to a pre-existing condition. Accepting a quick offer can be risky, especially if you’re still undergoing treatment or haven’t fully assessed your injuries.

 

Proving the Accident Made Your Condition Worse

What You Need to Demonstrate Aggravation

To successfully claim aggravation of a pre-existing condition, you must show that:

1. You were relatively stable before the crash
2. Your condition worsened afterward
3. New or intensified symptoms developed
4. Treatment became more frequent or intensive

Medical Evidence Is Critical

Your success hinges on medical documentation, such as:

1. Pre- and post-accident imaging (MRI, CT scans)
2. Doctor’s notes comparing your condition before and after
3. Records of new or escalated treatments
4. Expert testimony from physicians

 

Why Your Timeline Matters

Establishing a Clear Before-and-After Picture

If you had no active treatment before the crash but now attend physical therapy weekly, that change supports your case. A consistent timeline of care helps prove the crash had a real and damaging impact.

 

Legal Strategies to Strengthen Your Case

Framing Your Case Around Vulnerability, Not Fault

An experienced Florida personal injury attorney will frame your pre-existing condition as a vulnerability—not a liability. The key is proving that your condition was worsened by the accident in measurable ways.

Supporting Your Claim With Expert Testimony

Doctors and specialists can provide expert opinions that support the legitimacy of your aggravated condition. Your lawyer may also challenge unfavorable reports from IMEs arranged by the insurer.

Real-World Scenario

Example: Back Pain Made Worse by Rear-End Collision

Let’s say you had mild, manageable lower back pain for years, treated occasionally with rest and ice. After a rear-end collision, your pain becomes severe and constant, requiring physical therapy and pain injections. Even though the injury existed before, you now have evidence of aggravation, and you can pursue compensation.

 

Common Mistakes to Avoid

Settling Too Early

Many people settle their claims before fully understanding the extent of their injuries. Always consult with a medical professional and a personal injury attorney before accepting a settlement.

Failing to Disclose Prior Conditions

Always be honest about your medical history. Concealing past injuries can damage your credibility and may give insurers grounds to deny your claim entirely.

Common Problems Victims Face

Many car accident victims with pre-existing injuries face:

1. Claim denials based on past medical issues
2. Accusations that symptoms are unrelated to the crash
3. Misleading medical evaluations from insurer-chosen doctors
4. Low settlement offers that don’t cover all treatment needs

These challenges can feel overwhelming, especially while you’re trying to heal. But legal help is available—and effective.

 

Final Thoughts: You Still Have Rights

Having a pre-existing condition doesn’t mean you have to accept less or walk away with nothing. Florida law is designed to ensure that accident victims—even those with complex medical histories—are protected and compensated when someone else’s negligence makes things worse.

The most important thing is proving that the accident aggravated your prior condition and that you’ve suffered additional pain, expense, and limitations as a result.

With the right documentation and an experienced attorney, you can stand up to insurance companies and receive the compensation you deserve.

 

Frequently Asked Questions (FAQ)

Can I still receive compensation if I had a pre-existing injury before the accident?
Yes, you can. Florida law allows you to recover compensation if a car accident aggravated or worsened a pre-existing condition. The key issue is whether the crash caused a measurable change in your condition, such as increased pain, new symptoms, the need for additional medical treatment, or a decline in your quality of life. The fact that an injury or condition existed before the accident does not automatically bar you from receiving damages. You just need to demonstrate that the accident made things worse.

What happens if the insurance company says my injury was already there?
It’s common for insurance companies to argue that your injuries were pre-existing and not caused by the accident. However, that does not mean you should accept their conclusion. If the accident clearly worsened your condition or triggered a return of symptoms that had been dormant, you have a right to pursue compensation. Medical records, doctor statements, imaging tests, and a documented change in your symptoms or treatment can all help refute this type of insurance denial. With the help of an attorney, you can challenge the insurer’s argument and present a strong case for aggravation.

Do I have to disclose all of my medical history in a personal injury claim?
Yes, you should disclose your full medical history, especially conditions related to the body parts or systems affected by the accident. Being honest about prior injuries or treatment will not automatically harm your claim—in fact, it can help your credibility. If you attempt to hide a past condition and the insurance company discovers it through medical record subpoenas or discovery, they may accuse you of fraud or exaggeration. Full disclosure allows your attorney to build an honest case around how your condition was aggravated and avoid surprises during litigation.

Will my compensation be reduced because I already had a condition?
Possibly. Under Florida’s comparative negligence system, your compensation can be reduced if a portion of your injury is attributed to a pre-existing condition. However, you can still recover damages for the part of the injury that was directly caused or worsened by the accident. For example, if a jury determines that 30 percent of your back pain was pre-existing and 70 percent resulted from the crash, your total award could be reduced by 30 percent. The important thing is that even a partial recovery can result in significant compensation if the aggravation was severe.

How can I prove the accident aggravated my existing injury?
The most effective way to prove aggravation is through medical documentation and professional testimony. Your healthcare provider can compare diagnostic images, treatment records, and pain reports from before and after the crash. They may also provide a written opinion or testify that your condition worsened as a direct result of the accident. It helps if you had little or no treatment for the condition before the accident and then required substantial care afterward. Keeping a personal pain journal or documentation of how the injury has affected your daily activities can also support your claim.

 

Contact Lawlor, White & Murphey Today

If you’ve been injured in a car crash and have a pre-existing condition, don’t leave your claim to chance. The insurance company will try to minimize or deny your case—but with legal representation, you can fight back.

Speak with a qualified Florida personal injury lawyer who understands the complexities of aggravated injury claims. They can help gather evidence, coordinate medical opinions, and guide you every step of the way.

Schedule a free consultation today. Your health, your recovery, and your future are worth it.