Pre Existing Conditions Florida Law
What happens if I had an old injury to the same area of my body that gets injured in a new accident?
Answer:
This is known as a pre-existing condition. Under Florida law, you are entitled to a recovery for a pre-existing condition. Your doctor will be asked to attempt to determine what portion of your condition is as a result of the new accident and what portion of your condition pre-dated the new accident. If your doctor is able to do so, or if the defense doctor is able to persuade the jury as to what is old and what is new, the jury is required to separate out the old injury or condition and only award you money damages for the new condition or the aggravation. If the jury is not able to separate out the old condition from the new one, or if it could not be said that the condition would not have existed but for the new accident, then the jury is required under Florida law to award compensation for the entire condition.
More General Questions:
If I do get involved in a lawsuit, how long will it take from start to finish?
How much am I likely to recover if I do go to trial on my case?
How do you recover damages from someone that does not have insurance?
How do I pick a personal injury lawyer?
What happens if I had an old injury to the same area of my body that gets injured in a new accident?
How quickly do I have to hire a lawyer? How quickly do I have to file a lawsuit?
What do I do if I need a personal injury lawyer but am unable to get to your office?