Will a Pre-Existing Condition Affect My Injury Settlement? | Miami Lawyer Explains

Описание: If you had a pre-existing medical condition before your accident, you might be wondering whether it will reduce your settlement. The short answer: only if the insurance company can prove your current pain or limitations were not caused or worsened by the accident.

Under Florida law, accident victims are protected by what’s known as the “eggshell plaintiff doctrine.” This means that you take the victim as you find them — if the crash aggravated or activated an existing condition, you can still recover damages for the additional harm caused.

For example, if you had prior back pain but a car accident made it significantly worse, the insurance company is responsible for that aggravation, not just your prior condition.

However, to succeed in these cases, thorough medical documentation is critical. Your attorney will compare pre- and post-accident medical records, work with your doctors, and, if necessary, consult experts to clearly show how the collision worsened your injuries.

At Mausner Graham Injury Law, we’ve helped clients across Miami and Florida recover compensation even with pre-existing injuries — because the law is on your side when new trauma makes old injuries worse.

👉 Call us today at 305-344-4878 or visit www.mginjuryfirm.com
for a free consultation.
Former prosecutors. Fierce advocates. Trusted voice for the injured in Miami.

🔔 Subscribe for more Florida legal insights, comment your questions, and share this video with someone navigating a similar situation.

❓ FAQ Section

Q1: Will my settlement be smaller if I had a pre-existing condition?
Not automatically — only if the insurer can prove your pain comes solely from your old injury, not the accident.

Q2: What is the “eggshell plaintiff” rule?
It’s a Florida legal principle that says defendants are responsible for aggravating a pre-existing condition, even if you were more vulnerable.

Q3: How do I prove my injuries were made worse by the accident?
Through medical records, doctor testimony, and diagnostic comparisons before and after the crash.

Q4: Can I recover if my accident reactivated an old injury?
Yes. You can claim compensation for any aggravation or reactivation of prior conditions.

Q5: Why are medical records so important in these cases?
They help your lawyer show exactly how the accident changed your health, countering the insurer’s attempts to deny responsibility.

#personalinjury #personalinjurylaw #legaltips #miamilawyer #personalinjuryattorney #caraccidentinjury #caraccidentlawyers #lawyer #floridalaw