Dealing with Pre-Existing Injuries in Florida Motorcycle Accident Lawsuits

Motorcycle accidents can have severe consequences, and if you are injured in one, it may lead to medical expenses, missed time from work, and a long recovery. For people who already have pre-existing injuries, dealing with a motorcycle accident becomes even more complicated. If you were hurt in a crash and already had a medical condition or prior injury, you may wonder how this will impact your legal rights. It is important to understand how pre-existing injuries are handled in Florida motorcycle accident lawsuits. At Serrano Law, we are here to guide you through the legal process and help you navigate the complexities of your case.

What Are Pre-Existing Injuries?

Pre-existing injuries are any medical conditions or injuries that you had before the motorcycle accident. This can include old injuries from prior accidents, long-term conditions such as back pain, or other ongoing health issues that may have affected your daily life. While these injuries may have been manageable before, a motorcycle accident can worsen them, making it difficult to separate the old injury from the new damage.

In a legal case, pre-existing injuries may become a central issue because insurance companies and the other party involved in the accident may try to argue that your injuries are not new and were not caused by the accident. They may claim that you are using the accident to seek compensation for something that was already affecting your life. Understanding how to address this issue is critical when seeking compensation in a motorcycle accident lawsuit.

The Eggshell Plaintiff Rule

One important concept in Florida law that protects people with pre-existing injuries is the “eggshell plaintiff rule.” This rule says that if someone has a pre-existing condition, they cannot be denied compensation just because they were more vulnerable to injury than an average person. For example, if someone already had a back injury that was made worse by the motorcycle accident, the person who caused the accident is still responsible for the additional harm.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

The eggshell plaintiff rule essentially says that the injured person must be taken as they are. Even if someone was more likely to be injured due to their pre-existing condition, they still have the right to recover damages for the injuries caused by the accident. This rule is designed to prevent those responsible for accidents from avoiding liability simply because the victim was more vulnerable than the average person.

Proving Worsening of Pre-Existing Injuries

In motorcycle accident lawsuits where pre-existing injuries are involved, one of the most important challenges is proving that the accident worsened your condition. This requires showing that the injury you had before the accident was made worse due to the crash. While this can be difficult, there are steps that you can take to build a strong case.

Medical records are often key to proving that a pre-existing injury was made worse. It is important to have detailed records of your condition before the accident. This includes any doctor’s visits, treatments, or therapies that you were receiving for the pre-existing injury. After the accident, you will need to show medical evidence that your condition has worsened, and this can be done through new medical evaluations and testimony.

Additionally, your doctor may be able to provide an opinion that links the worsening of your injury to the motorcycle accident. This testimony can be critical in convincing the court that the accident caused further damage. Having medical professionals on your side who can clearly explain how the accident impacted your health is essential for success in these cases.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

Dealing with Insurance Companies

Insurance companies are often quick to deny claims or minimize the compensation offered when pre-existing injuries are involved. They may argue that the accident did not cause your injuries or that your current medical problems are related to your prior condition. Dealing with these tactics can be frustrating, especially when you are trying to recover from the trauma of the accident.

It is important to understand that you do not have to accept the insurance company’s assessment of your injuries. You have the right to fight for the compensation that you deserve. One way to do this is by gathering all relevant medical documentation and working with legal professionals who can help you make a strong case.

An experienced attorney can negotiate with the insurance company on your behalf and ensure that your rights are protected. They will understand the tactics used by insurance adjusters and can help you avoid common mistakes that may jeopardize your claim. By having the right legal support, you can push back against lowball offers and attempts to deny your compensation.

The Importance of Full and Fair Compensation

When dealing with pre-existing injuries in a motorcycle accident lawsuit, the goal is to receive full and fair compensation for all the damages you have suffered. This can include medical expenses, lost wages, pain and suffering, and other costs associated with the accident. Pre-existing injuries should not prevent you from receiving the compensation that you are entitled to.

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However, it is crucial to be realistic about what the accident has worsened. You may not be able to recover damages for the original injury, but you can recover compensation for the aggravation of that injury. The key is to demonstrate how the accident has affected your quality of life and created additional medical needs.

Full compensation means considering both past and future expenses. If the accident has made your pre-existing injury worse, you may require ongoing medical treatment, physical therapy, or even surgery. Your attorney will help calculate these future costs and include them in your lawsuit, so you are not left covering these expenses out of your own pocket.

Gathering Evidence for Your Case

Building a strong case in a motorcycle accident lawsuit with pre-existing injuries requires gathering as much evidence as possible. This includes not only medical records but also any other evidence that can support your claim. For example, photos of the accident scene, witness statements, and the police report can all be valuable pieces of evidence.

Additionally, documenting how your life has changed since the accident can be helpful. This can include keeping a journal that details your pain levels, limitations, and how the accident has impacted your daily activities. Showing the extent of your suffering can strengthen your case and help prove that the accident significantly worsened your pre-existing condition.

Your legal team will work with you to gather and organize all this evidence. They will also consult with medical professionals and other specialists who can provide testimony in support of your claim. By having a clear, well-documented case, you can improve your chances of success in court or during settlement negotiations.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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What to Expect During the Lawsuit Process

Lawsuits involving pre-existing injuries can be complex, and they often take time to resolve. You may face challenges from the insurance company or the defendant’s attorneys, who will try to downplay your injuries or argue that the accident was not responsible for your condition. However, by having a skilled attorney on your side, you can navigate these obstacles and pursue the compensation you deserve.

During the lawsuit process, you may need to attend medical evaluations, provide depositions, and work closely with your attorney to build your case. While this can be a long process, it is important to stay patient and focused on the goal of receiving full compensation. Your legal team will guide you through each step and make sure that you understand your rights and options.

Many motorcycle accident cases are settled before going to trial. However, if a fair settlement cannot be reached, your attorney will be prepared to take your case to court. In court, they will present all the evidence, call witnesses, and argue on your behalf to secure a favorable verdict. Whether through settlement or trial, the goal is to ensure that your pre-existing injuries do not prevent you from receiving the justice you deserve.

Dealing with pre-existing injuries in a Florida motorcycle accident lawsuit can be overwhelming, but you do not have to face it alone. If you have been hurt in a motorcycle accident and your pre-existing injuries have been aggravated, you may be entitled to compensation. At Serrano Law, we are here to help you navigate the legal process and fight for your rights. Contact us today for a consultation, and let our experienced team guide you through your motorcycle accident lawsuit.