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How Will Having a Pre-Existing Condition Affect My Personal Injury Case?

Many Americans live with a medical condition, whether it’s back aches, type 2 diabetes, migraines, or other conditions. If you’re injured in a workplace accident, traffic collision, other incident, your insurance may refuse to cover your injuries or may make a lowball offer.


According to Florida law, you may still have a claim if you’re injured and suffer an injury. For example, if you have osteoporosis and suffer a fracture in a slip and fall, you may still be eligible to file a claim against the property owner if they were negligent and their actions led to your injury. How much you may qualify for in such a case will depend on how much the injury worsened the existing medical condition.

The trouble is that attorneys for the other side will often aggressively deny the claim, alleging that the pre-existing condition, not their client’s actions, caused the injury. In some cases, attorneys will even claim an unrelated pre-existing medical condition caused the injuries and their client isn’t liable. These cases can be more complex, which is why an experienced personal injury attorney is important.

What To Do If You Have a Pre-Existing Condition and Are Injured

Many people assume they don’t have a claim if they have underlying medical conditions and are injured because of medical malpractice, a traffic collision, or some other incident. This is not the case. You may have a claim. To protect your right to seek fair compensation for your injuries, you will want to:

  • Have a documented medical history. If you’ve been seeing a doctor and getting evaluations for your medical condition, there will be documentation about the severity of your situation. Your attorney can use this to prove how much an injury has worsened your condition. This can be the basis for a claim and can help determine how much compensation you may qualify for.
  • Document thoroughly. Take photos of the scene where the injury happened, including the surrounding area. Get contact information of anyone who saw your injuries and continue to take photos of your injuries as you heal. Get immediate medical attention and follow your doctor’s medical advice, to create documentation about the extent of your injuries. All this documentation can help an attorney with your claim.
  • Be careful about what you say. Be careful about sharing information about your medical condition or injuries at the accident scene, to insurance adjusters, and on social media. Avoid discussing the injuries and your medical situation with anyone but your attorney. What you say may be used against you.
  • Contact a personal injury soon after your injury. An experienced attorney knows how to investigate an accident and how to establish what portion of your injuries and losses were caused by negligence.

The Bottom Line on Pre-Existing Conditions and Personal Injury Claims

You may still be able to pursue compensation after suffering a personal injury—even if you have a pre-existing condition. You may be able to seek compensation for your losses, including lost wages, property damage, medical bills, pain and suffering, and other losses.

But make no mistake: your case may be more complex. The other side has an argument about why not to offer you compensation. You will need to prove not only that someone’s negligence led to your injury, but also that this negligence significantly worsened your condition—and to what degree.

If you’ve been injured and would like to speak to an attorney, call Flaxman Law Group at 866-352-9626 or contact us online at any time to arrange a free accident consultation. Our legal team has more than 60 years of combined experience and we have already recovered over $100 million for people who have been injured across South Florida. Your first consultation with us comes with no obligation and no cost. It’s your chance to ask questions and to learn more about your potential case, so contact us today.

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