JONES LAW GROUP | Your Lawyers for Life! Personal Injury Law Firm in St. Petersburg

Jones Law Group logo, Personal Injury Lawyer in St Petersburg Floridajones law group attorney lawyer logo
Hospital

Can You Recover if Your Accident Aggravates an Old Injury

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

Find Out If You Have a Personal Injury Case

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

Florida Personal Injury Insights

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

https://www.jlgtampabay.com/personal-injury

Related Car Accident Insights

bicycle accident

Common Bicycle Accidents and Injuries

Florida Bicycle Accident Statistics In 2018, there were 857 fatalities from bicycle accidents in the United States. Florida accounted for the most bicycle related deaths, with 16% in 2017. What makes Florida so dangerous for bicyclists, and what kinds of injuries are causing these deaths? In a recent survey of Florida cyclists, they found that […]

Personal Injury Law And Legal Compensation. Claim Paper

How Jones Law Group Helps Tampa Bay Personal Injury Victims

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 […]

Generic types of semi trucks that could be involved in accidents

8 Types of Truck Accidents

Mechanical failures due to poor maintenance, unstable or unsecured loads, truck driver fatigue, reckless driving practices, and other forms of negligence contribute to the 8 types of truck accidents. Summary The types of injury that a victim suffers will often depend on the type of truck accidents they’re in. There are actually several different ways […]

Car Accidents

Poorly Maintained Tires Cause Car Accidents

By: Heath C. Murphy + – Personal Injury The National Highway Traffic Safety Administration[1] released a study which attempted to quantify the causes car accidents. In 94% of the 2,000,000 accidents which were studied, the primary cause of the accident lay with the driver.[2] However, the next most common primary cause of the accidents was […]

Traffic with lots of Floridian drivers

Are Floridians Bad Drivers?

Discover whether car accident statistics support the stereotype that Floridians are bad drivers and learn what that means for your safety. Summary Far too many people in Florida are injured or killed in car accidents every year, and negligent driving is one of the most common reasons. If you or a loved one has been […]

Poisoning

Food Poisoning

By: Heath C. Murphy + – Personal Injury Several times per year I encounter someone who tells me that they suffered food poisoning because of a meal that they ate at a particular restaurant. Usually the person has suffered through some very real physical discomfort, but has suffered at home. This is good and bad. […]

Do you have a personal injury case in Tampa Bay, Florida?

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 logo, Personal Injury Lawyer in St Petersburg Florida

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.

5622 Central Avenue, St. Petersburg, FL 33707

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 

Website by Hip Bip

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.

5 things to do after a florida accident by JLG Law in St Petersburg

Don't miss this checklist of what you need to do after your accident.

See the things you NEED TO DO after your accident. Get the 5 to-do's sent directly to your email.

GET A 100% Free Consultation today
TELL US ABOUT YOUR SITUATION
or Call us directly at (727) 571-1333
1
Step
2
Step
3
Step
4
Step
5
Step
6
Step
Have you suffered from any of the following?*
What type of accident was it?*
How long ago did it happen?
tell us about your personal injury for a
100% Free Consultation today
or Call us directly at (727) 571-1333
1
Step
2
Step
3
Step
4
Step
5
Step
6
Step
Have you suffered from any of the following?*
What type of accident was it?*
How long ago did it happen?