How Pre-Existing Conditions Affect Personal Injury Settlements.

Getting injured in an accident can leave you facing unexpected medical bills, time away from work, and long-term physical challenges. But what happens if you already had a medical condition before the accident? Many injury victims worry that a pre-existing issue will prevent them from receiving a fair settlement. The truth is more complex.

In Florida, and especially in cities like Orlando where busy roads and tourism create added risks, accidents happen every day. If you have a prior injury or health condition, you can still pursue a personal injury claim. But the way that condition is handled during the claim process can affect the amount of compensation you receive. Understanding how pre-existing conditions are viewed under Florida law can help you better prepare for the road ahead.

What a Pre-Existing Condition Really Means

A pre-existing condition is any medical issue you had before the accident occurred. This might include:

Back injuries
Arthritis
Degenerative disc disease
Old fractures or surgeries
Asthma or other chronic illnesses
Mental health disorders

Some conditions may have been under control or inactive. Others could have been ongoing or worsening over time. The key question in an injury claim is not whether you had a prior condition, but whether the accident made it worse. This is where your medical records and your personal injury lawyer’s strategy come into play.

The Eggshell Plaintiff Rule in Florida

Florida law recognizes that not everyone is in perfect health at the time of an accident. Under the “eggshell plaintiff” rule, defendants must take victims as they find them. This means that even if you were more vulnerable to injury because of a pre-existing issue, the person or party who caused the accident can still be held responsible for the damage they caused.

For example, if someone with a history of back problems is rear-ended in a car crash and suffers a serious spinal injury, the at-fault driver doesn’t get to avoid liability just because the victim was more susceptible. If the accident worsened that person’s condition or caused new symptoms, those damages may be recoverable.

How Insurance Companies Handle These Claims

Insurance companies routinely look for reasons to reduce what they pay. A pre-existing condition gives them a potential argument: that your pain or limitations weren’t caused by the accident but were already there.

They may:

Request your full medical history
Question whether your current symptoms are new
Try to blame your injury entirely on your prior condition
Use expert testimony to dispute the severity of the aggravation

This is why it’s so important to have documentation. Medical records from before and after the accident can help show how your condition changed. Statements from your treating physician can also support your claim that the accident worsened your health.

Why Honesty About Your Medical History Matters

One of the biggest mistakes injury victims make is trying to hide a pre-existing condition. It’s understandable—no one wants their claim denied or reduced. But failing to disclose a prior injury or illness can backfire.

If the insurance company uncovers that you had a prior condition you didn’t mention, it can damage your credibility. This could hurt your chances of getting a fair settlement, and it may even cause the entire claim to be dismissed.

Being upfront with your lawyer and your medical providers from the beginning is the best approach. A skilled personal injury attorney in Orlando can work with your medical records to build a case that highlights how the accident made your condition worse or created new complications.

Establishing Aggravation of a Pre-Existing Injury

To recover compensation, you must show that the accident aggravated your prior condition. This often requires:

A comparison of medical records before and after the injury
Diagnostic tests showing new damage or symptoms
Doctor’s opinions linking the worsening condition to the accident
Testimony about how your ability to function has changed

Sometimes, the aggravation is clear. A person with mild arthritis may go from occasional stiffness to constant pain and reduced mobility after a fall. In other cases, the change might be more subtle and harder to prove. That’s where legal and medical professionals work together to document the progression.

How Settlements May Be Affected

When a pre-existing condition is involved, it can influence the settlement in several ways:

Lower compensation for damages unrelated to the accident: You won’t receive payment for pain or medical care that would have occurred regardless of the incident.
Detailed breakdown of damages: Settlements may be structured to account for the specific ways the accident made your condition worse.
More scrutiny from the defense: Expect a closer look at your medical history and more aggressive negotiations from the insurance adjuster or defense attorney.

That said, many people still receive strong settlements, even with a pre-existing condition. The key is clearly demonstrating the connection between the accident and the worsening of your health.

Working With an Injury Lawyer in Orlando Can Help

Having a local attorney on your side can make a big difference when dealing with complicated injury claims. Orlando has its share of accidents—car wrecks on I-4, slip-and-falls at retail stores, and injuries at tourist attractions are all common. If you’re already dealing with a medical condition, the last thing you need is to fight an insurance company alone.

An experienced personal injury lawyer can help by:

Gathering and reviewing your medical records
Working with doctors to get expert opinions
Negotiating with insurance companies to push back against unfair denials
Filing a lawsuit if negotiations fail

They can also help you avoid common mistakes, like signing away your rights in a lowball settlement or giving a recorded statement that could be used against you later.

Take Action Sooner Rather Than Later

Florida has a two-year statute of limitations for most personal injury claims. If you wait too long to take legal action, you may lose your right to seek compensation entirely. And when a pre-existing condition is involved, acting quickly can help preserve important evidence and ensure your condition is properly documented before too much time passes.

Even if you’re unsure whether your old injury will affect your case, it’s worth getting a professional opinion. You don’t have to figure it out alone.

Conclusion

Having a pre-existing condition doesn’t prevent you from filing a personal injury claim in Florida. But it can complicate the process. Insurance companies will look closely at your medical history. Your claim may be challenged more aggressively. Still, with strong legal representation and the right documentation, you can pursue compensation for the new harm caused by the accident.

If you’re dealing with an injury in Orlando and you’re concerned about how a past health issue might affect your case, speaking with a personal injury lawyer can help you understand your options and protect your rights.