Our client was driving in Boca Raton, Palm Beach County, when another driver disregarded a red light and crashed into her vehicle. A few days later, she sought treatment for injuries to both knees, her neck, and her back.
Our client had a lengthy history of knee issues before the crash, which the insurance carrier seized on to deny the injury claim, arguing the injuries were pre-existing and unrelated to the collision. She ultimately underwent surgery on both knees.
KL built the case around the medical evidence connecting the crash to the worsening of her condition and the need for surgery.
We secured a $395,000 settlement for our client without the need to file a lawsuit.
Key Takeaways
- Another driver ran a red light and crashed into our client in Boca Raton.
- Our client suffered injuries to both knees, her neck, and her back.
- The insurer denied the claim, citing a pre-existing knee history.
- She underwent surgery on both knees following the crash.
- KL secured a $395,000 settlement without filing suit.
How KL Overcame a Pre-Existing Injury Defense
Insurance companies often use a pre-existing condition as a reason to deny or minimize a claim. In this case, the carrier argued that our client’s knee injuries had nothing to do with the crash.
KL worked to document the difference between her condition before and after the collision, showing how the crash aggravated her existing issues to the point that surgery on both knees became necessary.
Why This Case Resolved Without a Lawsuit
Not every strong case requires litigation. Once KL presented clear medical documentation connecting the crash to the worsening injury and the need for bilateral knee surgery, the insurance company had a strong incentive to resolve the claim before suit was filed.
That preparation helped secure a $395,000 settlement without the added time of a lawsuit.
FAQs
Yes. Florida law allows recovery when a crash aggravates or worsens a pre-existing condition, even if the underlying condition existed before the accident.
Insurers may argue that current symptoms stem entirely from a prior condition rather than the crash. Medical records comparing your condition before and after the crash are key to overcoming this argument.
The driver who disregards the red light and enters the intersection is typically at fault for a red-light crash.
No. Some cases resolve through negotiation when liability is clear, and the damages are well documented.
