Miami Personal Injury Attorney Blog
Having pre-existing conditions doesn’t automatically ruin your injury claim after a car accident or slip and fall in Miami—Florida’s eggshell plaintiff doctrine ensures liable parties must compensate you for how injuries affect you, prior health aside. Insurers often try to blame old conditions or downplay new injuries to deny or reduce payouts, but medical evidence and expert testimony can prove aggravation or distinct harm. Be honest with your lawyer about your medical history (not the insurer), and let Wolfson & Leon, a top Miami injury law firm, counter these tactics—call 305-285-1115 to protect your rightful compensation.
Introduction: Pre-Existing Conditions Don’t End Your Claim
If you’ve been injured in an accident but had a prior condition—like arthritis, a bad back, or migraines—you might worry it disqualifies your injury claim. It doesn’t. In Miami, where car crashes and slip-and-falls are all too common, pre-existing conditions often complicate claims but don’t kill them. Insurers love exploiting this gray area, but the law is on your side. At Wolfson & Leon, with over 60 years of fighting for victims, we’ve helped clients with prior health issues win fair settlements. This guide explains how pre-existing conditions affect your case, insurer tricks to watch for, and how our personal injury attorneys ensure you’re not shortchanged.
The Eggshell Plaintiff Doctrine: Your Legal Shield
Florida follows the eggshell plaintiff doctrine, a principle that protects victims with pre-existing conditions. It states that liable parties must “take you as they find you”—meaning they’re responsible for all harm caused, even if your prior condition made you more vulnerable. If a crash worsens your old knee injury or triggers new pain in a fragile spine, the at-fault party owes you compensation for the full impact, not just what a “healthy” person might suffer.
Real-Life Example: Maria, a Miami retiree with osteoporosis, broke her hip in a car accident. The insurer argued her weak bones were the issue—not the crash. Wolfson & Leon proved the collision caused the break, winning her a settlement under the eggshell rule.
Insurer Tactics: How They Exploit Pre-Existing Conditions
Insurance companies pounce on prior health issues to dodge payouts. Watch for these common moves:
- Blaming Prior Conditions to Deny Claims
- They’ll say your pain or disability stems from that old football injury or arthritis, not the accident — ignoring how the crash made it worse.
- Downplaying New Injuries as “Old Problems”
- A fresh whiplash claim might be dismissed as “just your chronic neck pain acting up,” even with clear evidence of new harm.
Real-Life Example: Juan, a construction worker with a prior shoulder strain, was rear-ended and felt worse pain. The insurer denied his claim, citing his old injury. Wolfson & Leon used MRI scans to show new damage, flipping the denial into fair compensation.
Proving Your Case: Evidence Is Everything
To win with a pre-existing condition, you need to show the accident aggravated your old injury or caused a new one. Here’s how:
- Medical Evidence Showing Aggravation or New Injury
- Pre- and post-accident medical records (X-rays, MRIs) can highlight worsening—like a herniated disc that wasn’t there before—or entirely new issues, like a concussion.
- Expert Testimony Distinguishing Old vs. New Harm
- Doctors or specialists can testify that the crash intensified your condition (e.g., “Her arthritis flared due to trauma”) or added distinct injuries (e.g., “This fracture is fresh”).
Pro Tip: Timing matters—see a doctor soon after the accident to establish a clear before-and-after link.
Client Tips: Navigate Pre-Existing Conditions Smartly
Your prior health doesn’t have to sink your claim if you play it right:
- Disclose Full Medical History to Your Lawyer (Not Insurers)
- Tell your personal injury attorney everything—surgeries, diagnoses, meds. This helps us anticipate insurer attacks and build a stronger case. Keep it mum with adjusters—they’ll twist it against you.
- Let Wolfson & Leon Counter Insurer Arguments
- Don’t fight solo. Our team uses medical proof and legal know-how to debunk claims that your injuries are “all pre-existing.” We’ve done it for decades.
Real-Life Example: Gabriella, a Miami teacher with migraines, suffered a crash that spiked her headaches. The insurer blamed her history. Wolfson & Leon brought in a neurologist to prove the accident’s role, securing her full financial compensation for pain and medical costs.
Call us at 305-285-1115 for a free consultation—we’ll turn your medical past into a winning strategy.
Conclusion: Pre-Existing Conditions Aren’t a Dealbreaker
Pre-existing conditions might make your injury claim trickier, but they don’t erase your rights. Under Florida’s eggshell plaintiff doctrine, you’re owed compensation for how an accident affects you – old ailments included. Insurers will push back, blaming your past to dodge liability, but with solid evidence and Wolfson & Leon’s expertise, you can prevail. Since 1963, our Miami accident lawyers have recovered millions for clients just like you—don’t let a prior condition stop your justice. Call 305-285-1115 today to fight for what’s yours.
FAQs: Your Pre-Existing Condition Questions Answered
Q: Will my old injury stop me from winning a claim?
A: No—the eggshell plaintiff rule protects you. We’ll prove the accident’s impact—call 305-285-1115.
Q: What if the insurer says my pain is from before?
A: They’ll try that. Medical records and experts can show aggravation or new harm—we’ve got your back.
Q: Should I tell the adjuster about my prior condition?
A: No—tell your personal injury attorney instead. We’ll handle disclosure to shield your claim.
Q: How do I prove the accident made my condition worse?
A: Doctor visits right after, plus past records, build the case. Wolfson & Leon knows how to connect the dots and how to make the argument.