Answer:

The other day, a client came to us who had a prior back injury. She had been involved in an accident and wanted to know how this prior injury would impact her case. We explained to her that just because she has a prior back injury does not mean she cannot bring a lawsuit or a case.

Oftentimes, when people have a prior injury or a pre-existing condition, that condition just makes them more susceptible to getting injured. Their spine might already be weakened. When they’re in an impact in a car crash, it makes it easier for them to get hurt. Now that same injury either becomes worse or an injury that wasn’t bothering them at all becomes symptomatic and starts causing them pain and problems.

In Florida, we have a specific jury instruction that instructs the jury that they are to look at that and see whether or not it was an aggravation of a pre-existing condition. If it is, they’re to determine what percent was aggravated. If they can’t figure that out – what percent was made worse – they’re to award the entire amount of the damages. Just because someone has a pre-existing condition does not prevent them from pursuing a case. Oftentimes, it explains why an impact caused such severe damages, mainly because they were more susceptible to an injury.

If you have any questions about this or any other issue in Orlando in your personal injury case, please contact us. We’d be happy to help you.