The Role of "Pre-Existing Conditions" in Personal Injury Claims

Goldberg & Rosen has spent more than 50 years fighting for people that the insurance industry is determined to dismiss. We've recovered billions for clients across Florida and beyond, including the Surfside condominium collapse settlement, the largest single-incident settlement in Florida history. We've seen every insurance defense tactic in the book, the most common being the pre-existing condition argument. The moment they discover you had a prior injury, a prior diagnosis, or even a prior complaint about pain, they will try to use it to minimize or eliminate what they owe you. They'll suggest you were already hurt, or that you aren't really injured from this accident.

They are wrong, and we are relentless about proving it.

This blog explains exactly what a pre-existing condition is in the context of personal injury law, why it does not disqualify your claim, and how our exceptionally experienced attorneys can help protect your right to full compensation.

What Is a "Pre-Existing Condition" in a Personal Injury Case?

A pre-existing condition is any medical condition, injury, illness, or physical vulnerability that existed before the accident or incident that forms the basis of your personal injury claim. This can include:

• Prior back or neck injuries
• Degenerative disc disease or arthritis
• A history of headaches or migraines
• Prior surgeries or orthopedic hardware
• Mental health conditions, including anxiety or PTSD
• Heart conditions, diabetes, or other systemic illnesses
• Prior car accidents or workplace injuries

The presence of a pre-existing condition does not mean you cannot recover damages. Under Florida Standard Jury Instruction 501.5(a), what matters is whether the defendant's negligence aggravated, accelerated, or worsened that condition, or caused new harm on top of it.

The Eggshell Plaintiff Rule: You Take the Victim as You Find Them

Also called the eggshell skull rule or thin skull doctrine, the rule is straightforward: a defendant is fully liable for all damages caused by their negligence, even if the plaintiff is unusually susceptible to injury due to a pre-existing condition.

In other words, a negligent driver, property owner, or manufacturer cannot escape liability simply because their victim happened to be more fragile than the average person. You take the victim as you find them—vulnerabilities, medical history, and all.

Why Insurance Companies Weaponize Pre-Existing Conditions

Insurance companies are corporations, so their goal is to pay out as little as possible on every claim. Raising a pre-existing condition is one of the most effective tools in their arsenal because it:

1. Creates confusion: Jurors and claimants alike may not understand that aggravation of a pre-existing condition is fully compensable.
2. Shifts the burden of proof: The defense will argue that your symptoms are from the "old" injury, not the new one, forcing your legal team to work harder with medical evidence.
3. Undermines credibility: By suggesting you were already hurt, they attempt to paint your current complaints as exaggerated or dishonest.
4. Reduces settlement pressure: If they can convince you that your claim is weak, you may accept far less than you deserve.

What the Medical and Legal Evidence Must Show

To successfully pursue a personal injury claim involving a pre-existing condition, your legal team must build a clear, well-documented evidentiary record. This includes:

Baseline condition before the accident

Medical records from before the incident establish what your condition actually was, not what the insurance company claims it was. This prevents inflated or fabricated narratives about your pre-accident health.

New or worsened symptoms after the accident

Comparative medical records, imaging studies (MRI, CT), and physician testimony reveal changes due to an incident. Examples include:

• A lumbar MRI after a rear-end collision showing a herniated disc at L4-L5, differing from prior imaging with only mild degenerative changes
• Emergency room records indicating acute cervical strain in a patient with no recent neck issues before the accident
• Notes showing a decrease in range of motion, strength, or function compared to pre-accident baselines
• Neurological records noting new radiculopathy, such as pain or numbness, absent before the incident
• Psychiatric records documenting new PTSD, depression, or anxiety after a traumatic event in a patient with no prior history or worsening of a managed condition

Causation

Expert medical testimony must establish, to a reasonable degree of medical certainty, that the defendant's negligence caused or contributed to the new or worsened condition.

In practice, causation testimony typically comes from:

• Treating physicians, like a spine surgeon who operated on the plaintiff after the accident and reviewed prior imaging
• Independent medical experts retained specifically to review the full medical record and testify that the accident—not the pre-existing condition alone—is responsible for the plaintiff's current presentation

Damages from the aggravation

Economic and non-economic damages must be tied specifically to the harm caused by the defendant, not the pre-existing baseline.

Economic damages in aggravation cases typically include:

• Past and future medical expenses from the aggravation, including surgery, hospitalization, physical therapy, pain management, assistive devices, and ongoing care.
• Lost wages and loss of earning capacity if the aggravated condition prevented you from working, reduced your hours, forced a career change, or permanently diminished your ability to earn at your prior level
• Cost of future care, particularly in cases involving permanent worsening of a chronic condition

Non-economic damages include:

• Pain and suffering
• Loss of enjoyment of life if the aggravated condition prevents you from engaging in activities that you were able to participate in before the accident
• Mental and emotional distress, such as anxiety, depression, and psychological suffering, caused or worsened by the accident and its physical aftermath
• Loss of consortium, which refers to the impact of your injuries on your relationship with a spouse or partner

The defense will likely argue that a portion of these damages would have occurred regardless of the accident. Our job is to draw the sharpest possible line between what you were living with before and what the defendant's negligence imposed on you after.

A Pre-Existing Condition Is Not A Confession. It Is A Fact About Your Life.

A skilled legal team knows how to contextualize, document, and present this fact in a way that protects rather than undermines your claim. Judd G. Rosen and Brett M. Rosen have spent their careers going to war with insurance companies and corporations that bet injured people will give up. Our attorneys include former insurance company general counsel, former defense litigators, and trial lawyers who have collectively tried over 100 jury cases. We know what the other side is planning before they plan it, and we build your case accordingly.

There is no fee unless we win. Call Goldberg & Rosen at 888-314-0906, 24 hours a day, 7 days a week, or contact us online for a free case evaluation.

Legal Disclaimer: The information provided in this blog is for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship between you and Goldberg & Rosen. Every personal injury case is unique, and the outcome of any legal matter depends on the specific facts and applicable law. Past results do not guarantee future outcomes. If you have been injured, you should consult with a licensed attorney to discuss the specific circumstances of your case. Goldberg & Rosen is licensed to practice law in Florida, Washington, D.C., and Washington State.