When you file a personal injury claim in Fort Lauderdale, one of the first questions insurance adjusters and defense attorneys ask is whether you had any pre-existing medical conditions. These prior injuries can complicate your case, as insurers may argue that your current pain is unrelated to the accident. However, Florida law recognizes that an at-fault party can still be held responsible for aggravating a pre-existing condition.
At Winston Law, we represent injury victims throughout Broward County who face unfair challenges because of prior health issues. A Fort Lauderdale personal injury attorney can work to prove how an accident worsened your condition, ensuring that you secure full and fair compensation for the additional harm caused by another’s negligence.
Learn how these pre-existing conditions affect your settlement and what a lawyer can do to ensure justice.
Insurance Companies Use Pre-Existing Conditions to Reduce Settlements
Pre-existing conditions vary widely, but certain injuries are more likely to resurface or worsen after an accident. These conditions can influence both the evaluation of your medical records and the strength of your personal injury claim. Some of the most common examples include:
- Spinal cord injuries
- Back and neck injuries
- Knee or joint problems
- Head injuries and concussions
- Fractures or bone injuries
- Soft tissue injuries
When you file an insurance claim, insurers may seize on these pre-existing conditions to minimize or deny legitimate injury claims. Their strategy is to shift blame away from the accident and argue that your symptoms existed long before the incident occurred. This approach allows them to offer smaller settlements or reject claims altogether. In many cases, insurers will:
- Scrutinize your medical records to locate any past complaints, even unrelated ones, that can be used to suggest your injuries were not caused by the recent accident.
- Claim that your pain is a natural progression of a prior condition rather than the result of new trauma. For instance, if you had an old back injury, they may argue your discomfort stems from aging or normal wear and tear.
- Hire medical experts who testify that your symptoms are consistent with prior issues, attempting to undermine your treating doctor’s opinion.
- Pressure you into quick settlements before a full medical evaluation confirms how the accident worsened your condition.
Without a strong legal response, these tactics can unfairly reduce your compensation. However, with the right evidence, your Fort Lauderdale personal injury attorney can demonstrate how the incident aggravated a pre-existing injury, making the at-fault party financially responsible for the additional harm.
What Can a Personal Injury Lawyer Do?
When a pre-existing injury is made worse by an accident, the path to fair compensation depends on the ability to prove the aggravation of your condition and secure the compensation for the additional harm. Both tasks require the skill and precision of a personal injury lawyer.
Establishing that an accident aggravated a prior injury is one of the most technical parts of a personal injury case. A lawyer must demonstrate how the new event worsened your condition beyond its original state. This process includes:
- Showing how the accident directly intensified your symptoms or caused new damage
- Establishing a clear medical timeline that shows exactly when and how your condition changed
- Illustrating real-world effects on how your daily functioning, mobility, or emotional well-being declined after the accident
Once aggravation is proven, your attorney’s focus shifts to ensuring the settlement reflects the full extent of your losses. A lawyer can:
- Counter insurance company tactics: Insurers frequently argue that your pain or limitations are unrelated to the accident. Your lawyer will challenge these claims with documented medical opinions and factual evidence.
- Quantify additional damages: An attorney calculates the financial impact of the aggravation, including medical expenses, physical therapy, reduced earning ability, and pain and suffering.
- Ensure fair treatment under Florida law: Even with a pre-existing condition, you are entitled to recovery for any new harm caused by negligence. A lawyer ensures this principle is upheld during negotiations or trial.
Through careful preparation and firm advocacy, your Fort Lauderdale personal injury lawyer ensures that prior injuries are not used to devalue your case. They can strengthen the argument that the defendant’s actions caused you measurable, compensable harm.
Protect Your Fort Lauderdale Personal Injury Settlement With Prompt Legal Support
The effect of the pre-existing injuries on your personal injury settlement depends on how effectively your attorney demonstrates the aggravation caused by the new accident. Insurance companies may attempt to undermine or deny valid claims by pointing to prior conditions, but that does not absolve negligent parties of responsibility. At Winston Law, our legal team works closely with medical professionals to prove how an accident worsened your health and to pursue your rightful compensation. Reach us at 954-475-9666 now to book a free consultation.
