Can I Still Recover Compensation If a Crash Made a Pre-Existing Injury Worse?

Car Accident Lawyer in Miami FAQ

Yes. In Florida, you can still recover compensation if a car accident aggravated a pre-existing injury or condition. As a Car accident lawyer in Miami, this is a common issue we handle, and the law is clear: you can be compensated for the worsening of a prior condition caused by a crash.

Florida Law on Pre-Existing Conditions

Florida follows the principle often referred to as the “eggshell plaintiff” rule. This means:

• The at-fault driver is responsible for the harm they cause
• Even if you were more vulnerable due to a prior injury
• They are liable for any aggravation or acceleration of your condition

You are not required to have been in perfect health before the accident to bring a valid claim.

What You Can Recover

If your condition was made worse by the crash, you may be entitled to compensation for:

• Additional medical treatment
• Increased pain and suffering
• Worsening of long-term or permanent conditions
• Lost wages or reduced earning capacity

A Car accident lawyer in Miami will focus on proving how the accident changed your medical condition—not just what existed before.

The Key Legal Challenge: Causation

Insurance companies often try to deny or reduce claims by arguing:

• Your injuries existed before the accident
• The crash did not significantly worsen your condition

This is where documentation becomes critical.

To support your claim, you should have:

• Medical records from before and after the accident
• Doctor opinions linking the crash to the worsening condition
• Consistent treatment history

At The Perazzo Law Firm, we work closely with medical providers to clearly establish this connection.

How Florida’s No-Fault System Affects Your Case

Florida’s Personal Injury Protection (PIP) coverage will initially cover:

• A portion of your medical bills
• Some lost wages

However, to pursue compensation beyond PIP, your injuries must meet Florida’s serious injury threshold, which may include:

• Significant or permanent loss of a bodily function
• Permanent injury
• Significant scarring or disfigurement

Aggravated pre-existing conditions can meet this threshold if properly documented.

Common Examples We See

As a Car accident lawyer in Miami, we frequently handle cases involving:

• Prior back or neck injuries made worse by a collision
• Herniated discs aggravated after impact
• Previous surgeries requiring additional treatment
• Chronic conditions that become more severe

These cases are valid—but they must be presented correctly.

What You Should Do After the Accident

If you have a pre-existing condition:

• Be honest about your medical history
• Seek medical treatment immediately
• Follow your doctor’s recommendations
• Avoid gaps in treatment
• Document how your symptoms have changed

Trying to hide a prior injury can damage your credibility and your case.

A Miami Car accident lawyer at the Perazzo Law Firm will always tell you:

Having a pre-existing condition does not disqualify your claim. What matters is proving that the accident made your condition worse, and how that has impacted your life.

Need Help After a Car Accident in Florida

If your injuries were aggravated by a crash, you may still have a strong case.

At The Perazzo Law Firm:

• Free consultation
• Available 24/7
• No out-of-pocket fees

Call 888-PERAZZO