The Impact of Pre-Existing Conditions on Accident Claims in Florida

Pre-existing conditions, which refer to any medical issue or injury an individual had before an accident, play a significant role in personal injury law. These can range from chronic illnesses to previous injuries and even mental health conditions. Their importance in legal proceedings stems from their potential to complicate the determination of causation and damages.

Insurance companies and defense attorneys often scrutinize these conditions to argue that current injuries are not entirely attributable to the accident, potentially reducing the defendant's liability. Keep reading to learn more about how pre-existing conditions affect accident claims in Florida.

man with broken leg in an orthosis on bed in a clinic after an accident and a fracture of the femur

Pre-existing conditions are crucial in personal injury cases because they can affect the assessment of damages and liability. Insurance companies and defense attorneys may argue that current injuries are not entirely due to the accident, potentially reducing the defendant's liability. Conversely, plaintiffs must demonstrate how the accident exacerbated their pre-existing condition or caused new injuries.

Types of Pre-Existing Conditions

Chronic Medical Conditions

Chronic medical conditions are long-term health issues that persist over time and often require ongoing management. These conditions can significantly complicate accident claims due to their potential interaction with new injuries.

For example, a person with diabetes who suffers a leg injury in a car accident may experience slower healing and a higher risk of complications. Similarly, an individual with chronic back pain might find it challenging to distinguish between their pre-existing discomfort and new pain resulting from an accident.

Previous Injuries

Prior injuries can substantially impact a claim, particularly those affecting the same body part involved in a new accident. The concept of aggravation of pre-existing injuries is often central to these cases.

Consider a person who had previously undergone knee surgery and then suffered a new knee injury in a slip-and-fall accident. The defense might argue that the current pain and limitations are primarily due to the pre-existing condition rather than the recent accident. Conversely, the plaintiff's legal team must demonstrate how the accident exacerbated the pre-existing injury.

Mental Health Conditions

Pre-existing mental health conditions, such as anxiety, depression, or post-traumatic stress disorder (PTSD), can also play a role in accident claims. These conditions can be particularly challenging to address in legal proceedings due to their often invisible nature and the difficulty in quantifying their impact.

An accident victim with pre-existing anxiety might experience a significant worsening of their symptoms following a traumatic event like a car crash. Proving that the accident directly aggravated the pre-existing mental health condition often requires detailed psychological evaluations and expert testimony.

Florida's Comparative Negligence Laws

As of March 2023, Florida operates under a modified comparative negligence system, which allows for a more nuanced approach to assigning fault in accident cases. Under this system, each party involved in an accident can be assigned a percentage of fault based on their actions or inactions that contributed to the incident.

In Florida's modified comparative negligence system, a plaintiff can recover damages as long as they are less than 50% responsible for the accident. However, their compensation will be reduced by their assigned percentage of fault. For example, if a plaintiff is found to be 30% at fault for an accident, they can still recover 70% of the total damages awarded.

How Pre-Existing Conditions Factor into Comparative Negligence

Pre-existing conditions add another layer of complexity to applying comparative negligence laws. When a plaintiff has a preexisting condition, the defense may argue that it contributed to the accident or the resulting injuries, potentially increasing the plaintiff's percentage of fault.

The concept of apportionment of damages comes into play here. This involves determining what portion of the plaintiff's current condition is attributable to the accident and what portion is due to pre-existing issues. For example, if a person with a pre-existing back condition is involved in a car accident, the court might need to determine how much of their current pain and disability is due to the accident versus their pre-existing condition.

It's important to note that having a pre-existing condition does not automatically increase a plaintiff's fault percentage. The key is demonstrating how the accident aggravated or exacerbated the pre-existing condition, leading to additional suffering or disability that wouldn't have occurred without the accident.

The Eggshell Plaintiff Rule in Florida

The Eggshell Plaintiff Rule is a legal doctrine that provides important protections for accident victims with pre-existing conditions. This rule states that defendants must take the plaintiff as they find them, regardless of pre-existing conditions or vulnerabilities.

In Florida, the Eggshell Plaintiff Rule means that if an accident aggravates or worsens a pre-existing condition, the defendant can be held liable for the full extent of the damages, even if those damages are more severe than they would have been for a person without the pre-existing condition. This rule prevents defendants from arguing that they should not be responsible for the full extent of injuries simply because the plaintiff was more susceptible to harm due to their pre-existing condition.

For example, consider a case where a person with brittle bone disease is involved in a minor car accident. While the accident might cause only minor injuries to an average person, it could result in multiple fractures for a person with brittle bone disease. Under the Eggshell Plaintiff Rule, the defendant would be liable for all the fractures, even though the accident was minor and the extensive injuries were due to the plaintiff's pre-existing condition.

Disclosure of Medical History in Accident Claims

When filing an accident claim, plaintiffs must disclose their complete medical history, including any pre-existing conditions. This transparency is ethical and strategically important for the strength of the case.

Plaintiffs should be prepared to provide medical records dating back several years before the accident. This typically includes:

  • Primary care physician records
  • Specialist consultation notes
  • Hospital admission and discharge summaries
  • Diagnostic test results (X-rays, MRIs, CT scans, etc.)
  • Prescription medication history
  • Physical therapy or rehabilitation records

In Florida, the statute of limitations for personal injury cases is generally two years from the date of the accident. However, when disclosing medical history, it's often advisable to provide records from at least five years before the accident or even further back if relevant long-term conditions exist.

Failing to disclose pre-existing conditions can have severe consequences. If it is discovered that a plaintiff withheld information about their medical history, it can significantly damage their credibility and potentially lead to the dismissal of their claim. Insurance companies and defense attorneys are likely to investigate a plaintiff's medical background thoroughly, and any inconsistencies or omissions can be used to challenge the validity of the claim.

Proving Causation and Aggravation of Injuries

Medical evidence plays a crucial role in supporting claims involving pre-existing conditions. Comprehensive medical records from both before and after the accident are essential to show the changes in the plaintiff's condition.

Before-and-after medical records clearly show how the accident has impacted the plaintiff's health. These records should include detailed descriptions of symptoms, treatment plans, and any changes in medication or therapy. Diagnostic imaging, such as X-rays, MRIs, or CT scans, can provide visual evidence of physical changes or new injuries.

Expert Medical Testimony

Expert medical witnesses play a vital role in cases involving pre-existing conditions. They help establish causation by providing professional opinions on how the accident has aggravated or exacerbated those conditions.

Medical experts can explain complex medical concepts to the court, clarifying the relationship between the pre-existing condition and the new injuries. They can also provide insights into the expected progression of the pre-existing condition and how the accident may have altered this trajectory.

Impact on Settlement Negotiations

Pre-existing conditions can significantly influence settlement negotiations in accident claims. Insurance companies often use these conditions as leverage to reduce payouts, arguing that the plaintiff's current state is largely due to their pre-existing issues rather than the accident.

One common strategy insurance companies employ is requesting extensive medical records, sometimes dating back several years before the accident. They may use this information to argue that the plaintiff's current symptoms are a natural progression of their pre-existing condition rather than a result of the accident.

While specific data on how pre-existing conditions affect settlement amounts in Florida is not readily available, it's generally observed that cases involving pre-existing conditions often result in lower initial settlement offers. However, with strong medical evidence and expert testimony, plaintiffs can still secure fair compensation.

To counter these tactics, accident victims with pre-existing conditions should be prepared to provide clear evidence of how their condition has worsened since the accident. This might include comparative medical reports, testimony from treating physicians, and documentation of increased medical expenses or lost wages.

Accident victims with pre-existing conditions can take several proactive steps to strengthen their legal position. Here are some key strategies:

Gathering Medical Evidence

Immediately after the accident, seek medical attention and ensure all injuries are thoroughly documented. Keep a detailed record of all medical appointments, treatments, and how the injuries affect daily life. Obtain copies of all medical records, including those from before the accident, to provide a clear before-and-after picture.

Working with Medical Experts

Collaborate with treating physicians to document how the accident has affected the pre-existing condition. Consider consulting with medical specialists who can provide expert opinions on the accident's impact on the specific pre-existing condition.

Documenting Changes in Quality of Life

Keep a journal detailing how the injuries have affected daily activities, work performance, and overall quality of life. This personal account can be powerful evidence in demonstrating the real-world impact of the aggravated condition.

Timely Filing of Claims

Be aware of Florida's statute of limitations for personal injury cases, which is generally two years from the date of the accident. However, starting the legal process as soon as possible is advisable to ensure all evidence is preserved and witnesses' memories are fresh.

Importance of Timing in Filing Claims

The timing of filing a claim is crucial, especially when pre-existing conditions are involved. In Florida, the statute of limitations for personal injury cases is generally two years from the date of the accident. However, waiting too long to file a claim can complicate the process of proving that the accident exacerbated a pre-existing condition.

It's advisable to consult with an attorney as soon as possible after an accident. This allows for timely evidence collection, proper documentation of the aggravation of pre-existing conditions, and strategic planning of the case before filing the claim.

Speak to a Florida Accident Attorney About Your Case

The interplay between pre-existing conditions and new injuries can significantly impact the outcome of a case, making it even more important to engage an experienced personal injury attorney after an accident. Don't let the complexity of your case deter you from seeking the compensation you deserve.

Our experienced attorneys are available to discuss your 24/7, and can provide the expert guidance and representation you need to protect your rights and secure the best possible outcome for your case. Call Weinstein Legal Team now at 888.626.1108 to start a free case review with an attorney, or click here to schedule your case review online.

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