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.
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