How To Navigate Pre-Existing Conditions In A Florida Personal Injury Case

In this article, you will discover:

• How Florida law treats pre-existing conditions in personal injury claims.
• How the “eggshell skull rule” may help your case.
• How to prove pre-existing injuries were aggravated by an accident.

How Does Florida Law Treat Pre-Existing Conditions In Injury Claims?

In Florida, there is a standard jury instruction that requires jurors in a personal injury case to evaluate the evidence and apportion damages between what was pre-existing and what was caused by negligence. The standard jury instruction goes further to suggest that if the jurors are unable to apportion what was pre-existing from what was caused by negligence, they should award the entire amount of damages.

While this is all well and good, the reality is that these instructions are complicated and often violate the sensibilities of jurors. When that happens, the jurors award what they believe is fair under all circumstances, regardless of the standard jury instruction.

In any event, pre-existing conditions do not prevent you from making a personal injury claim. However, they are taken into consideration when deciding the value of your injury claim.

What Is The “Eggshell Skull Rule” And How Can It Help Me?

The “eggshell skull” plaintiff is someone who is easily injured or damaged. Typically, an eggshell plaintiff case involves an incident that would not injure most people under ordinary circumstances, but it somehow injured the plaintiff due to a predisposition.

The eggshell skull rule is in place to help plaintiffs with challenging cases. It is not a defense in an eggshell case to say the defendant’s actions were innocuous and that the injury was unexpected, so long as the conduct by the defendant was negligent.

The eggshell skull rule is a relatively difficult legal concept for jurors to grasp, and this is where having a sympathetic plaintiff goes a long way. Even though there is a jury instruction specifically saying that jurors are not to use sympathy, it’s human nature to use sympathy in reaching a decision. It is simply inescapable even when warned against.

Attorney Christopher Russo is a skilled and trusted lawyer based in Lakeland, Florida, who has helped numerous clients, like you, in Lakeland, Winter Haven, Bartow, Haines City, Davenport, Championsgate, and Lake Wales navigate the intricacies of personal injury law. With over 15 years of experience, he is prepared to assist you in making the strongest case for how an accident exacerbated your pre-existing condition, ensuring you receive just compensation in your personal injury case.

Still have questions? Ready to get started? Contact Russo Law today to schedule an initial consultation.

How Do I Prove My Injuries Were Aggravated And Not Caused By The Accident?

To prove that your injuries were aggravated by an accident, you need to prove that your pre-existing injuries or conditions were somehow made worse by the defendant’s negligence. Proof is most often presented in the form of medical evidence and testimony from the plaintiff regarding their specific limitations.

What Types Of Medical Records Will Support My Case?

In Florida, all of your medical records are admissible because your entire health history is relevant as a plaintiff in a personal injury case.

How Can A Lawyer Help Connect New Symptoms To An Old Injury?

Having a lawyer to make arguments that support a case for aggravation of pre-existing conditions is essential. Without counsel, insurance companies will disregard or diminish your case.

Still Have Questions? Ready To Get Started?

For more information on personal injury and pre-existing conditions in Florida, an initial consultation is your next best step.