If you had an injury or medical condition before an accident, you may worry that it prevents you from making a claim. An existing condition does not automatically rule out a claim when an accident makes that condition worse.
In the video above, Scott Marshall of Marshall Injury Attorneys explains why the important question is what changed after the accident, particularly whether you now need care that you did not previously require.
What if you already had a medical condition?
Scott discusses the principle commonly called the eggshell plaintiff rule. In practical terms, an injured person’s existing vulnerability does not automatically excuse someone who causes additional harm.
That does not mean an accident makes another person responsible for every medical problem you already had. The connection between the accident and the additional harm still matters.
Florida’s civil jury instructions address aggravation of an existing condition and activation of a previously latent condition. When the resulting damages can be separated, the award is for the aggravation or activation. Additional rules apply when those effects cannot be separated.
Scott’s example: an old knee injury
Scott describes someone who had knee surgery years before a car accident. Their surgeon had explained that a knee replacement might eventually be necessary, perhaps much later in life.
Then, during a crash, the person’s knee hits the dashboard. Pain returns, the knee becomes troublesome again and the person goes back to their surgeon. Instead of discussing surgery years down the road, the surgeon now recommends a knee replacement because of the change following the accident.
The distinction in this example is the timing and level of care. A possible future procedure has become an immediate treatment need. Scott uses that change to illustrate how an accident can aggravate an existing condition.
The example does not establish the outcome of another person’s claim. Medical evidence and the circumstances of the accident need to support the connection.
Compare your condition before and after the accident
Scott focuses on two practical questions: what care did you need before the accident, and what care do you need now?
A useful comparison includes more than whether a diagnosis existed. It can also consider how the condition affected your daily life, what treatment was recommended and whether your symptoms or limitations changed.
- What symptoms were you experiencing before the accident?
- Were you receiving treatment or taking medication?
- Had surgery been recommended, and on what timeline?
- What symptoms or limitations appeared or worsened afterward?
- What additional treatment has your provider recommended?
Why your earlier medical records matter
Previous medical records can help establish your condition before the accident. Later records can document changes in symptoms, examinations and treatment recommendations.
Scott emphasizes the role of your doctor in assessing whether the accident aggravated your condition. A change in care is an important part of the picture, but the reason for that change also needs medical support.
Be open about earlier injuries, procedures and symptoms when speaking with your medical providers and attorney. An accurate history helps them understand what was already present and what may have changed.
Do not assume an old injury ends the discussion
Scott’s central message is that a preexisting condition should not discourage you from asking about a claim when an accident has made your condition worse or increased your treatment needs.
Whether an aggravation is temporary or permanent, what caused it and which losses may be recoverable require an individual assessment. The existence of an old injury alone does not answer those questions.
Have questions about an accident and an existing condition?
Marshall Injury Attorneys can discuss your medical history, the changes following the accident and the information needed to evaluate your situation.
Request a free case review or call 727-772-5900.
This article summarises Scott Marshall’s video and includes general information about aggravation of preexisting conditions. It is not medical or legal advice and does not create an attorney-client relationship. The example discussed does not guarantee a similar outcome. Every case is different.
