Pre-existing Conditions and How They Affect Personal Injury Claims

Getting injured due to an accident can leave you with a lengthy hospitable bill and a loss of income, so you’ll likely want to seek compensation. However, this process can be incredibly complicated, as you must prove that the accident caused the injury. If you have a pre-existing condition, it can complicate matters further, as the other party can argue that the prior accident is the cause of your injuries instead of their negligence.

Still, people with pre-existing conditions have the right to seek and receive compensation for their injuries when they get into an accident, just like anyone else. If you are in this situation, it is best to work with a personal injury attorney to ensure you get the compensation you deserve. 

Understanding Personal Injury Law

Personal injury is an area of law that covers many types of situations, such as car accidents, truck accidents, wrongful death, and medical malpractice cases. In these situations, there are usually at least two people involved, and one of them was injured through an accident, or the other was legally responsible for it. 

However, navigating a personal injury matter can be incredibly complex.You will want to work with a personal injury attorney, as they can help you receive compensation to pay your medical bills and other current medical expenses. They can also address the pain and suffering you have endured due to your personal injury. You will need to notify your attorney of any pre-existing conditions to ensure that you receive a just settlement, especially if you incurred an injury in an area that was impacted by a pre-existing condition. 

If you don’t reveal your pre-existing condition to your attorney, it will compromise your lawyer’s ability to present your case in the most favorable light. Insurance companies and attorneys for the other involved parties may also use this condition against you and discredit your claim, affecting your chances of receiving the compensation you rightfully deserve.

Navigating the Eggshell Skull Rule

While it depends on the situation, pre-existing conditions usually make a person more prone to injury in a certain way. Still, the at-fault party will not be held any less responsible for your injury just because the plaintiff or the injured party has this condition, whether it is because of age, a medical condition, or a disability. It is important to note that Florida law  states that an at-fault party is responsible for the injuries caused to another, no matter the extent of the persons prior injuries. An at-fault driver is responsible for taking the Plaintiff as they come. 

What to Do When Dealing With Personal Injury

If you are the victim of a personal injury incident, you will want to document everything about the incident as thoroughly as possible. Take note of witnesses, what exactly happened to you, and when and where it took place. Make sure you report it to the proper authorities. However, if an insurance company gets in touch with you, do not discuss your case with them. Instead, talk to a lawyer.

Getting in touch with a personal injury attorney right away is crucial, especially if you have a pre-existing condition. Doing so will increase your chances of obtaining just compensation, as the attorney will conduct an independent investigation of the accident, collect the relevant documents, negotiate with the involved parties, and represent you throughout the process.


Navigating personal injury claims is never something you should do by yourself. Working with a personal injury lawyer is crucial to the process, as they can use their knowledge and experience to obtain the compensation you deserve. 

At Harris Guidi Rosner, P.A., we have a team of lawyers prepared to represent you in your time of need. . We specialize in personal injury, family law, workers’ compensation, wrongful death, social security, civil ligitation, and criminal defense. Contact us today to schedule a free consultation at (904) 777-7777.