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Few people are in perfect health.  It is a simple reality of life.  Given that so many Americans suffer from long-term conditions and other health issues, it’s important to know how prior imperfect health affects a personal injury claim.

If you have been harmed by the negligence of another, then you are entitled to sue for recovery – it does not matter whether you are in perfectly health or have a pre-existing physical condition.  Generally speaking, pre-existing physical conditions do not outright void a personal injury claim in the state of Florida.

It should be noted, however, that depending on the details of your pre-existing condition and the particular circumstances of your injury, the value of your claim may be affected.

First-time personal injury plaintiffs are often concerned that the existence of a pre-existing condition will undermine their claim.  Though in some cases this fear is legitimate, it is critical that plaintiffs fully disclose their pre-existing conditions and are honest about the details. 

If the defense discovers that you have not fully disclosed the details of your pre-existing conditions (or that you have been dishonest in describing said conditions), then they will attack your credibility at trial.

To help clarify the rules surrounding pre-existing conditions for Florida personal injury claims, let’s take a look at the relevant law.

Understanding Claims Involving Pre-Existing Conditions

As a general rule, defendants must “take a victim as they find them” – in other words, the defendant cannot use the plaintiff-victim’s pre-existing conditions against them unless they can show that the new injury directly relates to the pre-existing one.  This is a rather vague concept, so let’s explore further.

So long as the pre-existing condition is unrelated to the new, claimed injury, then it is highly unlikely that the defense will be able to attack the claim on that basis.

For example, suppose that you are involved in a car accident and you injure your neck.  Prior to the accident, you had been suffering from a pre-existing condition involving stiffness and pain in your legs.

In the above example, the pre-existing condition is entirely unrelated to the new neck injury.  The pre-existing condition will not affect the personal injury claim.

If the pre-existing condition is directly related to the new, claimed injury, then things start to get a bit more complicated.

Suppose that you are involved in a car accident and you injure your neck.  Prior to the accident, you had been suffering from a pre-existing condition involving stiffness and pain in your neck.

In the above example, the defendant will assert that they are not liable for your injuries on the basis of no causation.  Essentially, the defendant will attempt to argue that there is no new injury, and therefore, that the accident did not cause any actual harm to the plaintiff.

When a pre-existing condition is closely associated with the new injury, plaintiffs may fare better arguing for aggravation or activation of the pre-existing condition.  The Florida Supreme Court clarifies the process in a civil jury instruction:

“If you find that the defendant[s] caused a bodily injury, and that 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 (claimant’s) condition resulted from the [aggravation] [or] [activation].”

If specific damages resulting solely from aggravation or activation of the pre-existing condition can be identified, then the defendant may only be held liable for the aggravation/activation, and not for the injury as a whole.

How does this work, exactly?

Let’s consider the neck injury example again.   The pre-existing neck condition involved stiffness and pain.  Suppose, however, that the new injury aggravates the existing condition and increases the level of pain.  It also reduces the ability of the plaintiff to turn their neck (affecting their manual labor job) and causes sudden bouts of dizziness. 

The condition certainly seems to be worsened in significant ways, with additional symptoms.  The plaintiff would likely assert that the defendant’s actions aggravated their pre-existing condition.  The defendant would then be liable only for the aggravated symptoms – not for the damages caused by the original symptoms.

Aggravated damages are not necessarily minor.  In fact, aggravated damages can be quite substantial, depending on the pre-existing condition and the extent of the aggravation.

In the event that the specific aggravated damages cannot be teased out of the claim, then the defendant may be held liable in full for the entire condition.

If you have been involved in an accident and are concerned that your pre-existing conditions may affect the success of your claim, contact Randall Spivey to connect with a skilled Cape Coral personal injury lawyer at the Spivey Law Firm, Personal Injury Attorneys, P.A. today.