09/02/2026
Can pre-existing conditions hurt your case in Florida? Not the way most people think.
Florida follows what's called the eggshell plaintiff rule — the person who caused your accident has to take you as they are, pre-existing conditions included. If a crash worsens a bad back, an old injury, or a condition you were already managing, you can still be compensated for that aggravation, even if a completely healthy person would have walked away with less damage.
Where it gets tricky is proving the difference between what existed before and what got worse because of the accident. Insurance companies often try to argue your injuries were already there, not caused by the crash — which is why medical records, documentation, and being upfront about your history matter so much.
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