Slip and Fall Lawyer Winter Haven

In Winter Haven, slip and fall accidents can occur in various locations, including shopping centers, restaurants, and public walkways. If you’ve been injured in a slip and fall incident, it’s important to have experienced legal representation to help you recover compensation. The slip and fall lawyers at Donaldson & Weston will guide you through the process and fight for your rights. Contact us today at 866-382-1494 for a free consultation to discuss your case.

How Pre-Existing Conditions Affect Slip and Fall Claims

When you experience a slip and fall accident, it’s common to focus on the injuries directly caused by the fall. However, if you have pre-existing health conditions, they can complicate your claim. Pre-existing conditions are any medical issues or injuries you had before the accident occurred. These conditions can be physical ailments, such as arthritis, back problems, or even old fractures. In slip and fall cases, these conditions may make it more difficult to assess the full extent of your injuries and could impact the amount of compensation you’re entitled to.

If you or someone you know has been injured in a slip and fall accident in Winter Haven, it’s important to understand how your medical history can affect your case. While pre-existing conditions may not disqualify you from seeking compensation, they do present unique challenges that require careful consideration and handling. 

Pre-Existing Conditions and the Impact on Injuries

One of the most significant ways pre-existing conditions affect a slip and fall claim is by exacerbating or complicating the injuries sustained in the accident. For example, if you have a history of back pain and you slip on a wet floor, the fall might cause an injury that is more severe than it would have been for someone without back problems. The same applies to joint pain, muscle weakness, or previous surgeries.

In some cases, the injuries from the fall may not be the same as they would have been had you been in good health. For example, a person with knee arthritis might suffer a more severe injury if they fall compared to someone without the condition. However, just because you have a pre-existing condition doesn’t mean you aren’t entitled to compensation for the accident. The key is proving that the slip and fall caused the injury or worsened your existing condition.

Understanding the “Eggshell Plaintiff” Rule

In Florida, the law applies what is known as the “eggshell plaintiff” rule. This means that if a person has a pre-existing condition or weakness, the defendant is still responsible for the injury they cause, even if the injury is more severe than it would have been for someone without that condition. Essentially, the defendant must take the plaintiff as they find them. So, even if your injury was worsened due to a pre-existing condition, the person or entity at fault in the accident could still be held liable.

For example, if you have a prior shoulder injury and slip on a wet surface, injuring the same shoulder, the responsible party may still be required to compensate you for the injury—despite the fact that your shoulder was already weak. However, you must prove that the fall directly contributed to the injury or made it worse.

How Insurance Companies Use Pre-Existing Conditions

Insurance companies are known for looking for ways to minimize payouts. If you have a pre-existing condition, the insurance adjuster will likely try to argue that your injury was either caused by your medical history or that it isn’t as severe as you claim. Insurance companies may use medical records to argue that your injury is unrelated to the slip and fall and that the condition you’re suffering from is just a continuation of your pre-existing health problems.

This is why it’s important to have legal representation that understands how to deal with insurance companies. An experienced personal injury attorney will know how to refute these tactics and prove that the fall aggravated or worsened your existing condition.

Proving Causation in Slip and Fall Cases with Pre-Existing Conditions

One of the challenges in a slip and fall claim involving pre-existing conditions is proving causation. In order to recover compensation, you must show that the slip and fall directly contributed to the injury or worsened the pre-existing condition. This is where medical evidence and expert testimony can play a significant role.

Your doctor will need to review your medical history, the circumstances of the fall, and the injuries sustained. They can offer insight into whether the fall exacerbated your existing condition. Medical experts may also testify to how the injuries were worsened by the accident or whether they were caused by the accident itself. This is particularly important when dealing with conditions like chronic pain, arthritis, or past surgeries. A thorough medical examination will be key to establishing the connection between the fall and your injuries.

The Importance of Medical Records and Documentation

For people with pre-existing conditions, accurate and up-to-date medical records are critical to your case. Without proper documentation, insurance companies will likely try to argue that the injury was unrelated to the fall or that it’s merely a result of your pre-existing health issues. It is essential to have your injuries documented immediately following the accident, even if they appear minor at first.

This means seeking medical attention as soon as possible after the slip and fall. Any delay in seeking medical care can hurt your claim, as the insurance company could argue that your injuries were not significant or that they occurred later. Make sure your medical provider documents both the new injury and how it relates to your pre-existing condition. The more detailed your medical records are, the stronger your case will be.

Understanding Comparative Negligence 

Florida follows the doctrine of comparative negligence, which means that if you are partially at fault for your accident, your damages may be reduced. If you have a pre-existing condition, the other party’s insurance company might argue that your condition contributed to the injury and that you should not be fully compensated. However, if you can prove that the fall was the primary cause of your injury or that it aggravated your existing condition, you can still recover compensation.

A personal injury attorney can help you navigate these complexities and ensure that your rights are protected. Your attorney will be able to present evidence that shows the accident made your condition worse, even if the injury wasn’t caused directly by the fall.

How to Protect Your Claim

There are several steps you can take to protect your claim when you have a pre-existing condition:

• Seek Medical Attention – Always seek medical care as soon as possible after a slip and fall accident. Getting treated right away provides documentation that can help prove that your injury is linked to the accident.
• Gather Evidence – Take photos of the accident scene, and collect any witness statements or reports. This evidence will be crucial in proving that the conditions leading to the fall were hazardous.
• Consult with an Experienced Lawyer – An attorney experienced in slip and fall cases can guide you through the process, ensure you receive proper medical evaluations, and handle the negotiations with insurance companies.
• Keep Detailed Records – Document your medical treatments, pain levels, and any setbacks caused by the injury. Detailed records will provide strong evidence that your pre-existing condition was worsened due to the accident.
• Be Honest About Your Medical History – Be upfront with your lawyer about your pre-existing conditions. This will allow them to prepare a strategy that accounts for your health history and to protect your interests throughout the claims process.

Winter Haven Slip and Fall Attorney

In Winter Haven, slip and fall accidents can cause serious injuries, and it’s important to have an experienced slip and fall attorney by your side. If you or a loved one has been injured in a slip and fall accident, contact a skilled personal injury lawyer to help you navigate the legal process. Having the right attorney on your side can make all the difference in securing the compensation you deserve. Donaldson & Weston has a proven track record of success in handling slip and fall claims. Our team will work diligently to ensure you receive the compensation you are entitled to. For a free consultation, contact us at 866-382-1494 today.