Many times those suffering a personal injury or accident find having a pre-existing condition can complicate their case. The law in Florida regarding aggravation of a pre-existing condition is stated very clearly in the Standard Florida Jury Instructions:
“If you find that the defendants 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 the claimant’s condition resulted from the aggravation or activation. If you can make that determination, then you should award only those damages resulting from the aggravation or activation. However, if you cannot make that determination, or if it cannot be said that the condition would have exited apart from the injury, then you should award damages for the entire condition suffered by claimant”
Virtually every doctor will tell us that most people in life have pre-existing conditions, such as arthritis. And they will tell you that arthritis is a permanent disease or condition, because it won’t get better no matter what. There are no drugs, no surgeries, or any medical treatment that will make the disease or condition go away. And most doctors will also agree that if anyone has a pre-existing condition, that trauma will make it much worse, and accelerate the disease or condition process, causing the person to suffer more and faster than a normally healthy person would. Tampa Attorneys Powell & Espat are experienced in assisting our clients obtain the settlement to which they are entitled when a personal injury aggravates a pre-existing condition.