Can You Sue If an Accident Aggravates a Pre-Existing Injury in Florida?

In Florida, you can sue when an accident aggravates a pre-existing injury. If you incur medical expenses as a result of an accident, you are entitled to just compensation under Florida law. This applies whether the accident causes a new injury or aggravates a pre-existing condition. In this scenario, you will want to hire an experienced Florida personal injury lawyer to fight for the compensation you deserve.

When you have a pre-existing condition, being involved in an accident can pose serious risks. Aggravating a pre-existing condition can have long-term (if not permanent) consequences, and the costs involved can be substantial. This includes not only treatment costs, but also lost earnings, pain and suffering, and other financial and non-financial losses.

Fortunately, your legal rights are clear in this scenario.

Under Florida law, having a pre-existing injury does not prevent you from filing a personal injury claim after an accident. In this scenario, you can—and should—hire a Florida personal injury lawyer to fight for just compensation on your behalf. An experienced personal injury lawyer will be able to deal with the insurance companies for you while seeking full compensation for the financial and non-financial consequences of the accident.

How Do You Seek Just Compensation for an Accident that Aggravated a Pre-Existing Injury?

Seeking just compensation for an accident that aggravated a pre-existing injury is largely the same as seeking just compensation in any other scenario. The one major difference is that instead of proving that you were injured, you will need to prove that your pre-existing condition is worse than it was before the accident happened.

With this in mind, the key steps in the process include:

1. Hiring a Florida Personal Injury Lawyer to Conduct a Comprehensive Investigation

To seek financial compensation for the accident, you will need proof that someone else (or a company) is to blame for what happened. This involves hiring a Florida personal injury lawyer to conduct a comprehensive investigation.

2. Seeking Treatment and Documenting the Medical Consequences of the Accident

While your lawyer is building your case, you should be focused on your recovery. Seek the treatment you need, and try to ensure your doctor documents the accident’s consequences. Your lawyer can help if necessary.

3. Working with Your Lawyer to Determine What Constitutes “Just” Compensation

Determining what constitutes “just” compensation for the aggravation of your pre-existing injury will require a clear and comprehensive understanding of how the accident has impacted your life. Along with your additional medical bills, this may include lost earnings, pain and suffering, and other financial and non-financial losses.

4. Filing a Claim and Dealing with the At-Fault Party’s Insurance Company

In most cases, the process of seeking just compensation starts with filing a claim with the at-fault party’s insurance company. Once your lawyer has the evidence he or she needs, your lawyer will be able to file your claim and then work toward negotiating a settlement that fairly compensates you for your accident-related losses.  

5. Taking Your Claim to Court in Florida if Necessary

If the at-fault party’s insurance company is unwilling to settle for just compensation, your lawyer can take your case to court. While this won’t be necessary in most cases, there are no guarantees, and it is ultimately up to the insurance company to decide whether it’s willing to pay what it owes.

How Do You Prove the Financial and Non-Financial Consequences of the Accident?

Proving the financial and non-financial costs associated with the aggravation of a pre-existing injury requires extensive medical documentation. This includes documentation of your treatment needs both before and after the accident. If you are unable to work as a result of the accident—and if you are dealing with additional pain, suffering, or other non-financial losses—you will need clear documentation of these losses as well. Your lawyer can help you gather the documentation you need.

FAQs: Filing a Personal Injury Claim When You Had a Pre-Existing Injury

Can I file a personal injury claim after an accident if I had a pre-existing injury?

In Florida, having a pre-existing injury does not prevent you from filing a personal injury claim after an accident. If the accident was someone else’s (or a company’s) fault, you are entitled to just compensation regardless of your prior medical circumstances. This is referred to as the “eggshell plaintiff doctrine.”

What if the insurance companies say the accident didn’t aggravate my pre-existing injury?

This is a common insurance defense tactic. If the insurance companies say the accident didn’t aggravate your pre-existing injury, your personal injury lawyer will need to use your medical records, medical expert reports, and other evidence to prove that the accident did, in fact, negatively impact your medical condition.  

Am I entitled to compensation for all of my medical costs or just the additional costs resulting from the accident?

The answer to this question depends on the circumstances of your case. Generally, accident victims are entitled to compensation only for losses resulting from the accident. However, if it is not possible to separate your future costs related to your pre-existing condition from your future costs related to the accident, you may be entitled to full coverage for your medical expenses in the future.

How Our Personal Injury Lawyers Can Help

Personal injury claims involving pre-existing injuries are complex, and this makes it important to have an experienced personal injury lawyer on your side. If you have a claim for aggravation of a pre-existing injury, our personal injury lawyers can fight for the full compensation you deserve. We handle all claims on a contingency-fee basis, which means our clients pay nothing unless we win.

Discuss Your Legal Rights with a Florida Personal Injury Lawyer at Searcy Law

Do you need to know more about your legal rights after an accident that aggravated a pre-existing injury? If so, contact us. Call us at 800-780-8607 or contact us online to schedule a free consultation with an experienced Florida personal injury lawyer at Searcy Law.