Many people hesitate to contact a lawyer because they have a history of medical issues. They worry that their “bad back” or “old knee injury” from high school sports disqualifies them from receiving compensation for a new car accident.
The Myth “I already had back pain before the crash, so the insurance company won’t pay for my treatment. They’ll just say it’s my old injury acting up.”
The Fact The law actually protects you in this exact scenario. It is called the “Eggshell Skull Doctrine.” This legal rule states that a defendant must “take the victim as they find them.” If you had a manageable condition that was aggravated, exacerbated, or accelerated by the accident, you are entitled to compensation for that worsening. You don’t have to be in perfect health to have a valid claim.
The Pro Tip Honesty is your best defense. Be 100% transparent with your doctor about your medical history.
- Don’t say: “I’ve never had back pain before” (if that’s a lie, the defense will find your old records and destroy your credibility).
- Do say: “I had mild back pain before, but since the crash, the pain is sharper, constant, and shooting down my leg.” Differentiating the new pain from the old pain is the key to winning.
Conclusion Don’t disqualify yourself. Let us review your medical records and build a case that proves how this accident changed your life.
Learn more about how our Fort Lauderdale personal injury lawyers handle serious injury cases.
Kweku Darfoor is the founder of The Injury Advocates (Darfoor Law Firm, P.A.), a member of The Florida Bar since 2014, and a Plantation-based personal injury attorney representing seriously injured people and their families across Fort Lauderdale, Broward County, and South Florida. This content is for general information and is not legal advice.
