Bojo & Bojo 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.
One of the most common defense strategies insurance companies use to reduce or deny compensation is the "pre-existing condition" argument. If you had a prior injury, back pain, or medical condition before an accident, insurance adjusters will try to blame your current pain entirely on your past medical history.
The "Eggshell Plaintiff" Rule in Florida Law
Under Florida personal injury law, the "eggshell plaintiff" doctrine dictates that a defendant takes the victim as they find them. A negligent party cannot escape liability simply because the victim was more susceptible to injury due to a pre-existing medical condition.
If an accident aggravates or worsens a pre-existing condition, the injured victim is entitled to full compensation for the degree of aggravation caused by the collision or incident.