JONES LAW GROUPYour Lawyers for Life! Personal Injury Law Firm in St. Petersburg
So you have been involved in an accident. You were not in perfect condition before the accident. Perhaps you had an old injury to your back. Perhaps your prior back injury had not flared up in years or perhaps you noticed minor pain only when performing certain activities. After the accident, you notice that the […]
Call our personal injury law office directly at (727) 512-9847
At Jones Law Group in St. Petersburg, FL, we would like to hear from you. Contact us for a free personal injury case consultation.
Call our personal injury law office at (727) 512-9847
Get educated on the Florida's personal injury laws and more.
So you have been involved in an accident. You were not in perfect condition before the accident. Perhaps you had an old injury to your back. Perhaps your prior back injury had not flared up in years or perhaps you noticed minor pain only when performing certain activities. After the accident, you notice that the pain levels have increased. You may even have additional symptoms, such as numbness in an extremity. You may find that you are unable to perform activities which you able to perform prior to the accident. Now, you are worried that if you go see a personal injury attorney that they will tell you that you have no case. So, the million dollar question is whether you can recover monetary damages for the aggravation of a preexisting condition.
Florida Standard Jury Instructions
The standard Florida Jury Instruction which speaks to this issue states,
“If you find that the defendant 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 decide what portion of (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 existed apart from the injury, then you should award damages for the entire condition suffered by (claimant).”
Jury Instructions are provided to the jury when they are ready to deliberate the case at trial. A careful reading of the jury instruction in this instance, give us the answer. Yes, you can recover for worsening of an old injury. The jury must attempt to apportion the damages between the old injury and the negligent driver who caused the new injuries. If they cannot apportion those damages, you will be awarded all of the damages caused by the injury.
The Proof at Trial to Prove the Existence of the New Injury
The next logical question asked by someone who has been in an accident and suffered an injury which aggravates an old injury is, “How can I prove that the accident caused my current level of pain or aggravated an old injury?” It is a fair question. A good personal injury attorney will use a variety of methods to prove that the new injury has aggravated a preexisting condition. Evidence which will assist in proving your case includes:
1. Your own testimony. You know how much pain you were in both before and after the accident.
2. The testimony of your friends and relatives. The guy that you ran a 5k with the week prior to the accident will make an extremely convincing witness.
3. The testimony of doctors.
4. Expert testimony.
Have you been involved in an accident caused by another driver which your injuries consisted of aggravating old injuries? Contact an experienced St. Petersburg personal injury attorney at Jones Law Grouptoday. When you contact our office we will immediately set an appointment where you will meet your attorney and be provided with his/her personal contact information. If you do not have transportation or you cannot drive, your attorney will travel to meet you and discuss your case with you.
Whether you were a pedestrian, a bicyclist, or occupant of a car, motorcycle or boat and have been injured in an accident, you should immediately call Jones Law Group at (727) 571-1333 during regular business hours or (727) 753-8657 on weekends or after regular business hours. We will evaluate your case for free and you will never pay us a dime unless we recover compensation for your injuries.
Jones Law Group
5622 Central Avenue
St. Pete, FL 33707
Part 6 of our medical glossary explains traumatic brain injury terms including mild, moderate, and severe TBI, skull fractures, and hypoxic brain injuries.
Enduring a personal injury can be devastating, leaving victims dealing with physical pain, emotional distress, and financial hardships. During such challenging times, seeking the assistance of a skilled personal injury attorney can make a significant difference in protecting your rights and ensuring you receive fair compensation for your losses. The following are just some of […]
Driving under the influence of alcohol or drugs is a criminal offense that has claimed many lives and resulted in thousands of car accidents. Summary Drunk driving accidents claim thousands of lives across the country every year. Even though people know the risks, they continue to get behind the wheel while impaired. This decision can […]
Staircase hazards such as poor lighting, clutter, loose handrails, damaged steps, and slippery steps can cause slips and falls. Summary Interactions with staircases are a common part of everyday life, but they can become hazardous in ways we often overlook. Dim lighting can make steps harder to see, uneven or damaged steps can pose tripping […]
Soft tissue injuries from car accidents aren’t always minor. Learn about whiplash, herniated discs, and torn ligaments, and why insurance companies downplay these claims.
Many of us have had a traffic ticket at some point in our lives. Usually it is due to a small mistake or misjudgment. It may seem minor, and you may want to just pay the citation and get it out of the way. However, it could be costing you more than you realize. Is […]
Speak with us before time runs out! In Florida, you have a limited window to file a personal injury case, so speak to an Attorney today.
Call our personal injury law office directly at (727) 512-9847
Jones Law Group is a dedicated personal injury lawyer in St. Petersburg, FL, serving the Tampa Bay area since 2006. Our experienced attorneys specialize in car accidents, slip and fall cases, employment law disputes, construction law issues, and overtime wage claims, fighting for maximum compensation on a contingency fee basis. Contact us for a free consultation to discuss your case.
Call our personal injury law office at (727) 512-9847
© Copyright 2006–2025 Jones Law Group Attorneys at Law. All rights reserved. Privacy Policy Terms of Use
Attorney Advertising.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Past results do not guarantee similar outcomes.
Are you injured or wronged and interested in a consultation? Fill out the form for a free consultation with us.