If you’ve suffered an injury in Orlando and have a pre-existing medical condition, you might be anxious about how your history could affect your personal injury claim. Many people worry that their previous health issues will be used against them by insurance companies, potentially reducing or even denying compensation. This is a common—and perfectly valid—concern in \personal injury cases across Central Florida. With the right approach, however, a pre-existing condition does not have to undermine the outcome of your case. At Sherris Legal, P.A., we have advocated for clients in Orlando dealing with these very challenges by providing clear guidance, careful documentation, and compassionate support at every step. Here is what you need to know to protect your rights and move forward with confidence.
Call (407) 598-6035 to discuss how a pre-existing condition may affect your personal injury claim. Our consultations are free and focused on giving you clear next steps.
How Do Pre-Existing Conditions Impact Personal Injury Claims in Orlando?
Pre-existing conditions are any medical issues or injuries that you had before your recent accident. These could range from chronic pain, back injuries, or arthritis, to prior surgeries or old fractures. Insurance companies in Orlando and throughout Florida often zero in on these conditions when evaluating your claim. Their primary goal is to determine how much of your current symptoms result from the new accident, as opposed to your medical history. In many cases, insurers will scrutinize past doctors’ visits, imaging studies, and prescriptions to downplay the severity or value of your new claim.
It’s important to recognize that Florida law does not automatically disqualify you from recovery simply because you have a pre-existing condition. Instead, the law focuses on whether the recent accident caused new injuries or aggravated an existing medical issue. Courts rely on principles such as the “eggshell plaintiff” rule, which dictates that the at-fault party is fully responsible for the victim’s worsened condition, regardless of how vulnerable the victim might have been. Your medical history is only one part of the larger picture, and a thoughtful approach can present your situation accurately while protecting your rights.
For personal injury cases in Orlando, documentation is crucial. Medical records, physician statements, and timelines are essential to prove that an accident made your pre-existing condition worse or caused additional damage. By proactively addressing these issues, our team helps clients avoid common pitfalls and ensures insurers or opposing attorneys can’t unfairly minimize legitimate claims.
What Types of Pre-Existing Conditions Appear Most Often in Florida Injury Cases?
Certain pre-existing conditions are more frequently encountered in personal injury claims filed in Orlando and throughout Florida. Chronic lower back pain, herniated discs, and arthritis are among the most cited, particularly due to the prevalence of physical jobs, active lifestyles, and an aging population in Central Florida. Injuries from prior auto accidents, like whiplash or old fractures, frequently become points of contention in new claims involving car, pedestrian, or bicycle accidents.
Other common conditions include degenerative joint diseases, previous surgeries on the knees, hips, or shoulders, and ongoing issues such as carpal tunnel syndrome. Chronic illnesses like diabetes or fibromyalgia can complicate healing and are often cited as influencing recovery time. Beyond physical ailments, pre-existing mental health challenges—such as anxiety, depression, or PTSD—can be worsened by a traumatic event and affect how a claim is valued by insurers and courts.
Understanding which conditions insurers focus on can help you prepare stronger evidence for your case. At Sherris Legal, P.A., we guide clients to document both the nature of their pre-existing conditions and the clear differences following a new accident. This proactive effort is often a deciding factor in obtaining fair compensation for accident-related aggravation of ongoing health issues.
Do I Have to Disclose My Pre-Existing Condition to the Insurance Company?
Florida law requires you to disclose any pre-existing conditions that are relevant to your claim. Failing to do so can not only damage the credibility of your case but may also lead to denial of coverage and loss of the right to compensation. Insurance adjusters have access to prior records and may request broad releases. Any attempt to hide previous injuries or chronic illnesses is likely to be discovered and used as evidence against you.
However, you are entitled to limit what you share to information directly related to your current injuries. You do not have to turn over your entire lifetime of medical records. Instead, focus the disclosure on what’s relevant and support your claim with clear, concise medical documentation. If an insurance company’s request feels overly broad or intrusive, it’s wise to have a legal advocate step in. We routinely work with clients to review records before any disclosure, ensuring only information pertinent to their case is released.
Being transparent protects your claim and builds trust. Piece by piece, we help our clients establish the legitimate distinctions between their pre-existing conditions and the new harm caused by the most recent accident. This combination of honesty and strategy increases your chances for fair treatment by both insurers and the court.
Do not let insurers use your medical history against you. We help Orlando injury victims prove when an accident worsened a pre-existing condition and fight for proper recovery. Book a free consultation.
Will My Compensation Be Reduced Because of a Pre-Existing Condition?
One of the most pressing questions for injured individuals in Orlando is whether compensation will be reduced due to pre-existing conditions. Under Florida law, while your previous health status may play a role, the court looks closely at how much the accident worsened your condition. The “eggshell plaintiff” doctrine ensures that even if you were more prone to injury than an average person, you still have the right to recover damages caused or aggravated by someone else’s negligence.
What this means in practice is that damages are carefully tailored. You are compensated for the difference between your health before the incident and after, not simply for all symptoms related to your condition. For example, if you lived with chronic ankle pain and are now experiencing severe, activity-limiting pain following a slip and fall at a store, your injury claim should target compensation for this worsening, extra pain, and the impact it has on your daily life.
Our approach at Sherris Legal, P.A. includes detailed comparisons of your pre- & post-accident health. We work with both your Orlando doctors and independent physicians to document the extent and impact of your aggravation. With medical evidence and accurate timelines, we build compelling narratives that resist adjuster attempts to minimize claims—ensuring you pursue the maximum compensation warranted for the aggravation caused by someone else’s negligence.
How Can I Prove My Accident Made My Pre-Existing Condition Worse?
Establishing that an accident aggravated your pre-existing condition is central to a successful claim. The process involves not just providing your prior medical history but also crystal-clear documentation of changes that began after the injury. Courts and insurers look for proof of new symptoms, additional medical interventions, and impacts on your day-to-day life that differ meaningfully from before the accident.
To help you build a strong foundation for your claim, consider these key steps:
- Request detailed records from your Orlando medical providers that outline your health before & after the accident.
- Obtain diagnostic imaging and results showing new injuries or exacerbations (e.g., MRIs, X-rays).
- Ask your doctor for a narrative letter explaining how the accident aggravated your previous condition, and what new treatments or limitations have resulted.
A personal injury journal can also be invaluable. By tracking your symptoms, pain levels, and abilities daily, you create a timeline that complements clinical evidence. This dual approach—medical and personal—shows insurance adjusters and courts that there is a real, documentable change triggered by the recent incident. At Sherris Legal, P.A., we help you coordinate with local healthcare providers to ensure your records are as thorough as possible—giving your case the strong, fact-based support it needs.
What Tactics Do Insurance Companies Use to Challenge Claims With Pre-Existing Conditions?
Insurers are known for their aggressive tactics in challenging claims involving pre-existing conditions in Orlando and throughout Florida. They routinely request comprehensive medical histories, looking for evidence that your symptoms existed before the accident. Any references to similar pain, prior injuries, or doctor visits can be interpreted as proof that your current problems aren’t truly related to the recent event. Sometimes, they commission independent medical evaluations designed to question your account.
Adjusters may argue that your worsening symptoms were inevitable, given your history, rather than caused by the new injury. In some cases, they might even suggest that normal progression of your condition—not the accident—is responsible for your current state. These tactics are especially common with injuries that are hard to document, like soft-tissue sprains or worsening joint pain, where the distinction between “old” and “new” is less clear-cut.
To level the playing field, our team anticipates these strategies and prepares well-documented, locally attested evidence to affirm your claim. We work with Orlando physicians to secure up-to-date notes that clearly articulate how the accident aggravated your injury. We also ensure you are ready for any independent examinations insurers may require, advising you on what to expect and how to communicate your new symptoms accurately and effectively.
What Should I Tell My Doctor After an Accident If I Have a Pre-Existing Condition?
Open and specific communication with your doctor after an accident is one of the most effective ways to support your personal injury claim in Orlando. Be clear about which symptoms are new, which have changed, and which remain the same. Your provider’s notes will be scrutinized by insurers and form a critical part of your evidence. Details are vital: mention whether pain is sharper, more constant, radiates differently, or now limits activities you used to do easily.
Doctors may ask you about your prior level of function, regular activities, and how the incident has altered your routine. The more precise you are, the easier it will be for your medical provider to write notes or letters that distinguish old symptoms from post-accident effects. Many claims are made or broken by these seemingly minor differences documented in your medical records.
At Sherris Legal, P.A., we advise our clients to keep a diary of symptoms and daily activities. Sharing this written record with your doctor not only improves the accuracy of your medical reports but can also help in diagnosing the full extent of your injury. This extra attention to detail supports your claim if your case is later challenged or proceeds to court in Orange County or neighboring areas.
Can My Claim Be Denied If the Insurer Believes My Injuries Are Only Pre-Existing?
Insurance companies in Orlando and across Florida frequently deny claims when they believe injuries are solely related to pre-existing conditions. This kind of denial is most likely when symptoms closely mirror those documented in older medical records or when insufficient proof exists showing a new or worsened injury. Lack of contemporary medical documentation or gaps in treatment can add to an insurer’s skepticism.
Nevertheless, a denied claim is not always the final word. Florida law recognizes claimants’ rights to appeal coverage denials based on pre-existing conditions, particularly when evidence shows a clear aggravation of an old injury or a new diagnosis. A persuasive appeal often depends on medical opinions, updated test results, and narrative reports from treating Orlando healthcare providers that directly address the timeline and the change in your symptoms.
Our legal team at Sherris Legal, P.A. assists clients in preparing these appeals, focusing on strategic presentation of fresh evidence and detailed explanations for any complex medical histories. By collaborating closely with both clients and medical providers, we maximize your opportunity to challenge unfair insurance decisions and pursue the compensation you deserve for accident-related aggravation.
How Do Orlando Courts Assess Claims With Pre-Existing Conditions?
Orlando courts, following Florida law, evaluate personal injury cases with pre-existing conditions by carefully distinguishing between injuries or symptoms that predate the accident and those caused by the recent event. The “eggshell plaintiff” doctrine is commonly applied, which means claimants are not penalized for being more vulnerable to harm. Courts review the strength of the evidence such as medical records, medical testimony, and claimant accounts, when deciding how much of the suffering or loss stems from the new accident.
Judges and juries in Orange County expect detailed medical documentation and credible explanations. They may give significant weight to clear, consistent testimony from treating physicians and records showing a distinct change in your health following an accident. The burden of proof rests with the claimant, making it vital to present precise, well-organized evidence distinguishing pre-existing symptoms from new, aggravated ones.
Our experience representing Orlando residents means we know what local courts prioritize in these complex cases. We routinely help clients prepare compelling evidence packets that clearly show the impact of a recent accident atop a pre-existing condition. This diligent approach is often what helps secure favorable outcomes, even in the face of challenging medical histories.
Florida law sets strict timelines for personal injury claims. Contact us now so we can start building your case and preserve your right to compensation.
What Steps Should I Take Now to Protect My Injury Claim in Orlando?
Taking swift, organized action can make all the difference in a personal injury claim involving pre-existing conditions. To put your best foot forward in Orlando, we recommend the following:
- Schedule an appointment with a trusted Orlando healthcare provider to document your current condition and any changes from your previous medical baseline.
- Collect all medical records related to your old and new injuries, especially those documenting the period before and after the accident.
- Keep a daily journal noting pain levels, limitations, missed workdays, and the ways your life has changed since the incident.
- Avoid discussing your medical condition or case on social media, as insurers often monitor public posts.
- Consult a personal injury attorney with in-depth experience managing pre-existing condition claims under Florida law to guide your next steps.
By following these steps, you enhance the strength of your claim and reduce the likelihood of insurers misrepresenting your medical history. At Sherris Legal, P.A., our Orlando team is committed to guiding you through every stage of your case with personal attention, transparent communication, and legal strategies tailored to your situation. If you have questions about pre-existing conditions in injury claims, or want reassurance that your rights are protected, contact us today at (407) 598-6035 for a conversation with attorneys who understand your concerns and your community.
