If you are a Florida resident who has been injured in an accident, the presence of pre-existing conditions can have far reaching implications on your personal injury claim. From the strength of your case to its ultimate outcome, how you present evidence and facts before a jury or tribunal becomes paramount to protecting your best interests.
Knowing what effects pre-existing conditions have on an injury claim is essential to ensuring that justice and fair compensation is achieved. In this blog post we’ll discuss why pre-existing conditions are important when filing a personal injury suit in Florida and the steps to take when composing and presenting your argument within legal channels.
If you have a pre-existing condition and just been in an accident, contact Herman & Wells, your Florida personal injury claim lawyers. Our team of experienced attorneys can help you seek justice and fair compensation for your injuries.
The Cliff Notes: Key Takeaways From This Post
- 1When filing a personal injury claim involving pre-existing conditions, it is important to understand the implications of Florida’s comparative fault law.
- 2The principle of proportionate responsibility applies in these cases and can affect how fault is allocated between both parties.
- 3It is essential to hire an experienced personal injury attorney who understands this law and can help gather evidence that will support your claim.
- 4Insurance companies may challenge a claim if there is a pre-existing condition.
- 5Comprehensive medical documentation and expert testimony can be used to prove that the defendant caused or worsened your injury, even if you had pre-existing conditions prior to the accident.
- 6At Herman & Wells, we are committed to protecting our clients’ rights and securing fair compensation for personal injury claims involving pre-existing conditions. Contact us today to get started!
Understanding Pre-Existing Conditions
Pre-existing conditions are medical or physical issues that existed in an individual prior to the onset of an injury, accident or illness. Common examples of pre-existing conditions may include chronic illnesses, previous injuries, undiagnosed diseases, and certain mental health issues among others. Having a pre-existing condition does not automatically disqualify an individual from pursuing a personal injury claim, however it is important to understand the implications of such a diagnosis when filing suit.
The Impact Of Pre-Existing Conditions On Personal Injury Claims
The “Eggshell Plaintiff” Doctrine
The Eggshell Plaintiff doctrine is an important part of personal injury law in Florida, and its presence can be the deciding factor in a case that involves pre-existing conditions. In a nutshell, the doctrine states that when an individual’s pre-existing condition has made them more vulnerable to harm than a “normal” person (i.e. someone without pre-existing conditions), they are still eligible to receive compensation for their injury.
A key factor of the doctrine is that it does not provide additional protection to those with pre-existing conditions, but instead ensures that a plaintiff will not be penalized or denied compensation due to having a health issue prior to an accident.
Evaluation Of Aggravation Or Exacerbation
When an individual has a pre-existing condition that is aggravated or exacerbated by the incident in question, it is important to accurately determine how much of the injury can be attributed to their pre-existing issue. To do so, medical evaluations and expert opinions are typically employed to help evaluate the extent of any aggravation or exacerbation caused by the incident, and to what degree the pre-existing condition contributed to the injury.
Florida’s Comparative Fault Law And Pre-Existing Conditions
In Florida, comparative f