Think of this – you’re living with a year-old back problem, and someone’s negligence makes it even worse! One moment you’re walking through your office, and the next you are on the ground because of the unmarked wet floor. Now you’re left with a spiked back pain and a broken hand.
And now you’re wondering if you can claim your loss! Of course, yes. Many people believe that having a prior medical condition disqualifies them from compensation, but that isn’t true.
Under Florida Law, you can still recover damages if an accident aggravates or worsens a pre-existing condition. All you need is a reliable personal injury attorney in Florida and a basic understanding of how the legal system handles these types of claims.
Keep reading to learn how you can protect your rights in such a situation.
What is “Pre-Existing Condition” For Florida Law?
Any physical or medical issue that existed before an accident or injury and forms the basis of the claim! It can be arthritis, a prior injury, chronic pain, a degenerative spine issue, or anything that you were dealing with before the new accident.
Having such a condition doesn’t automatically cancel your right to pursue a claim. Florida law recognizes that such conditions complicate but do not prevent recovery.
How Florida Law Treats Aggravation of a Pre-Existing Condition?
According to the Florida law, if a crash caused a new injury or aggravated a pre-existing condition, the responsible party may still be liable. For example, under the Florida Standard Jury Instructions in Civil Cases, Instruction 501.5(a) outlines:
“If you find that the defendant(s) caused a bodily injury, and the injury resulted in [an aggravation of an existing disease or physical defect] [or] [activation of a latent disease or physical defect], you should attempt to determine what portion of the claimant’s condition resulted from aggravation…”
So, if you already had back pain and your fall in the office caused a fractured arm or herniated disc, you may recover compensation for that difference. This means the change in your condition is attributable to the incident.
In addition, under the “eggshell-skull” doctrine in Florida, the defendant must “take the victim as they find them.” Even if you were more vulnerable because of your pre-existing condition, the responsible party is still accountable for the full harm they caused.
Why Insurers and Defendants Focus on Pre-Existing Conditions?
In many personal injury cases, the other side might argue:
- “You were suffering from that condition already, so you’re only claiming for what was there before”.
- “Your condition would’ve worsened anyway; this crash isn’t the main cause”.
Such arguments attempt to limit liability by attributing damage to the condition, rather than the accident.
So, what should claimants do?
The simplest solution is careful documentation. Collect medical records that prove your condition was “pre-existing” and compare them with new records after the accident, showing how things changed. Seek help from a medical expert who can quantify how much of your current suffering is due to the accident and how much stems from your prior condition.
How Do Comparative Fault and Mitigation Affect These Claims?
Comparative Fault: Under Florida Statute 768.81, when you’re partly at fault for the accident, your recovery is reduced by your percentage of fault. For example, if you’re more than 50% fault, you may recover nothing.
This rule applies even in cases involving pre-existing conditions. So, if you had a known condition and your own actions contributed to the accident, which worsened your ailment, it can reduce or eliminate recovery.
Duty to Mitigate Damages: After you meet with an injurious event, you (claimant) must take reasonable steps to prevent further harm. For example, follow medical advice, attend therapy, and avoid aggravating the injury. If you fail to do so, it can reduce the amount of recoverable damages, even if the pre-existing condition was present.
5 Key Practical Steps If You Have a Pre-existing Condition
Disclose your full medical history – Be honest and open about your pre-existing condition, as hiding it may damage your credibility later.
- Seek medical treatment immediately and follow the doctor’s instructions – Immediate treatment and consistent care support your claim and reduce arguments of failure to mitigate.
- Document before and after – Make a record of all your medical tests, scans, MRIs, imaging, etc., to show how your condition was before the accident and how it changed/worsened.
- Work with an attorney – A skilled personal injury attorney in Florida will know how to frame an aggravation claim, challenge insurance fall-backs, and manage issues of fault and mitigation. Partnering with them can make your claim process smooth and speedy.
The Final Words
Having a pre-existing condition does not mean you lose your claim. However, the process can become complicated at times. Recognize that your case will demand clarity, careful documentation, immediate treatment, and knowledgeable advocacy. Hence, contacting a reputed personal injury attorney in Florida, like Kagan Law, can make a significant difference in claiming your recovery and rights. These specialized lawyers understand how to handle cases related to pre-existing conditions and strategize things to ensure you get fair compensation.
So, if you’re stuck, get in touch with the team right away!