What If The Insurance Company Says My Injuries Are “Pre-Existing”?

If you’ve been hurt in an accident, you probably expect the insurance company to cover your medical bills and damages. But many accident victims who do not enlist the help of a good Tampa, FL car accident lawyer are shocked when the insurer pushes back with a common argument:

“Your injuries aren’t from this accident — they were pre-existing.”

This tactic is especially common in Florida personal injury cases. It’s designed to reduce or deny your claim. The good news? Even if you had a pre-existing condition, you may still be entitled to compensation. Here’s what it means, how Florida law protects you, and what steps to take if you’re facing this situation.

What Does “Pre-Existing Condition” Mean?

A pre-existing condition is any medical issue you had before the accident. These can range from minor aches to chronic health problems. Common examples include:

• Prior back or neck problems
• Arthritis or degenerative disc disease
• Old sports injuries
• Previous surgeries or fractures

Insurance companies love to point to these conditions. Why? Because they can argue your pain is not “new,” but something you already had. The Mayo Clinic notes that many people live with underlying joint, spine, or age-related conditions that may not cause daily problems, until an accident makes them worse.

Why Insurance Companies Make This Argument

Insurance adjusters are trained to save their company money. By labeling your injuries as pre-existing, they’re essentially saying:

• “We’re not responsible for paying your medical bills.”
• “You were already hurt, so we shouldn’t compensate you.”

This is a cost-cutting strategy, not necessarily the truth. Even if you had prior health issues, an accident can still make them worse. And under Florida law, that matters.

Florida Law Protects Accident Victims With Pre-Existing Conditions

Here’s something important: under Florida personal injury law, you can still recover compensation if an accident aggravated a pre-existing condition. This is sometimes called the “eggshell plaintiff” rule.

The concept is simple: the person who caused the accident takes you as they find you. If you were more vulnerable to injury because of your health history, that doesn’t excuse the at-fault party.

For example:

• If you had mild back pain before the crash but now need surgery, the accident aggravated your condition, and you may be compensated.
• If you had no pain before, but an old injury flared up after the accident, it may still be attributed to the crash.

The key legal question is not “Did you have an old injury?” but “Did the accident make it worse?”

You can read the principle of aggravation and comparative negligence in Florida Statute §768.81, which governs fault allocation in personal injury cases.

How To Prove The Accident Made Things Worse

Insurance companies won’t take your word for it. You need evidence, which usually comes from medical documentation and expert testimony.

Medical Documentation

Your doctors play a critical role. They can:

• Compare your records from before and after the accident.
• Explain how the accident aggravated or reinjured you.
• Testify that your current symptoms are new or significantly worse.

Consistent Treatment

Following your treatment plan shows that your injuries are real. Gaps in care give the insurer room to argue your pain isn’t serious.

Expert Testimony

In some cases, medical experts are brought in to explain your condition in court. They can demonstrate how the accident directly impacted your health.

Common Insurance Company Tactics

When you have a pre-existing condition, insurers often:

• Dig through your medical history for anything to blame.
• Argue your pain is entirely due to your old injury, even if you were symptom-free before the crash.
• Offer a low settlement by downplaying your new injuries.

These tactics are part of what’s known as bad faith insurance practices, when insurers act unfairly to avoid paying valid claims.

What You Should Do If You Have A Pre-Existing Condition

If the insurance company is claiming your injuries are pre-existing, here’s how to strengthen your case:

1. Be Honest About Your Medical History
   Don’t hide old injuries. Being upfront builds credibility and helps your lawyer show how the accident changed things.
2. Get Medical Care Right Away
   The sooner you see a doctor, the easier it is to connect your injuries to the accident.
3. Follow Treatment Plans
   Skipping appointments or ignoring advice weakens your case.
4. Keep A Journal
   Document your pain, daily limitations, and how the injury impacts your life.
5. Work With A Lawyer
   An experienced car accident attorney can gather records, bring in medical experts, and negotiate with insurers.

Example: How This Plays Out In Real Life

Imagine Sarah, who had mild arthritis in her knee. She managed fine with over-the-counter medication before. Then she was rear-ended in Tampa. After the crash, Sarah’s pain became unbearable, and her doctor recommended surgery.

The insurance company claimed: “Her knee was already bad.” But Sarah’s attorney showed:

• She was functioning fine before.
• The accident accelerated the damage.
• The surgery was directly related to the crash.

Result: Sarah received compensation for medical bills, lost wages, and pain and suffering.

Cases like Sarah’s are common. The American Bar Association emphasizes that aggravation of pre-existing conditions is a recognized basis for recovery in personal injury law.

Why You Shouldn’t Give Up

Just because the insurance company says your injury is “pre-existing” doesn’t mean your case is over. In fact, many Florida injury claims involve people with prior health issues.

The real issue is how the accident made things worse. Florida law is designed to protect victims in this situation.

Don’t Get Bullied By Insurance Companies

Insurance companies often use the “pre-existing condition” excuse to deny fair compensation. But the law is clear: if an accident aggravated your condition, you may still recover damages.

Don’t let an insurer bully you out of your rights. At Mickey Keenan P.A.., we’ve helped countless Floridians prove that accidents worsened their conditions, and we fight to get the compensation they deserve. Call us today for a free consultation. Let us deal with the insurance company while you focus on healing.