Car accidents are unpredictable, but insurance companies are not. The moment they hear about your injuries, they start digging into your medical past. If they find a pre-existing condition, expect them to argue that your accident had nothing to do with it. This tactic helps them reduce payouts, leaving you frustrated and financially strained. But does a prior injury completely derail your claim? Absolutely not.

Understanding how pre-existing conditions affect car accident claims is the key to getting fair compensation. The law protects victims, even those with prior injuries. However, navigating these claims without a solid strategy can be tricky. That's where legal expertise comes into play.

The “Eggshell Plaintiff” Rule: Your Weakness Is Their Problem

Insurance adjusters love to claim, “That bad back? You had it before the crash.” But the law follows the Eggshell Plaintiff Doctrine—which means they must take you as they find you. If the accident worsens a pre-existing condition, they are still liable for the damages.

Here's how this plays out:

  • Exacerbation Matters: A car accident doesn't need to create a new injury. If it worsens an old one, you deserve compensation.
  • Medical Records Are Crucial: Your past and current medical records must prove the accident aggravated your condition.
  • Doctor's Testimony Helps: A medical expert can confirm how much worse your injury became due to the crash.

Insurance companies often try to twist facts, making it seem like your pain is unrelated to the accident. That's why having a strong legal strategy is non-negotiable.

What Insurance Companies Don't Want You to Know?

Dealing with insurers is like playing poker with a card shark. They know the game better than you and always look for an excuse to pay less. Here are some common tactics they use:

1. Blaming It All on the Past

Adjusters argue that your injuries existed before the crash. They will comb through old medical records, hoping to prove you were already in pain.

2. Requesting Unlimited Medical History

They may ask for decades of records, searching for anything they can use against you. The goal? To confuse and intimidate you.

3. Delaying the Claim Until You Give Up

The longer they drag out the process, the more likely you are to accept a lowball offer out of frustration.

4. Twisting Your Words Against You

A simple statement like, “I had some back pain before the accident,” can be used to minimize your claim. Always be careful when speaking with insurers.

Legal representation makes a difference. An Orlando Car Accident Attorney ensures you don't fall into these traps. With the right approach, you can fight back against unfair tactics and get the compensation you deserve.

Proving Your Claim: What Works in Your Favor

Pre-existing conditions don't disqualify you from compensation. But you must prove that the accident made things worse. Here's how:

  • Gather Past and Present Medical Records: Show a clear difference between your health before and after the accident.
  • Get a Doctor's Statement: A medical professional can confirm that the crash worsened your condition.
  • Avoid Giving Too Much Information to Insurers: Stick to the facts, and let your Orlando Car Accident Lawyer handle the details.
  • Document Everything: Keep records of medical visits, prescriptions, and therapy sessions to prove ongoing suffering.

Car accidents can complicate pre-existing conditions, but they don't erase your right to compensation. Understanding the law, anticipating insurer tactics, and securing legal help will keep you ahead of the game. If the accident worsened your condition, don't settle for less than you deserve.