Have you experienced an auto accident that worsened a preexisting injury? Many people in this situation wonder if they can still make a claim. The good news is that you absolutely can. If you had a prior condition that was aggravated by the accident, you are entitled to seek compensation for the additional damage caused. However, handling such cases can be complex due to the interplay between existing injuries and new harm sustained in the accident.
At McPherson & Thomas, P.A., we specialize in helping clients with complex personal injury cases involving preexisting conditions. Our experienced team is dedicated to providing personalized service and ensuring you receive the compensation you deserve. If you’ve been injured in an auto accident and have a preexisting condition, don’t hesitate to reach out.
Can You Bring a Claim if You Have Pre-Existing Injuries?
It’s common for new clients in auto accident cases to have a history of similar injuries or complaints. However, many are unsure if they can file a claim for a worsening prior condition, such as a spinal injury made worse because of the car accident. While the answer is yes, people can file a claim the pre-existing condition may influence the strength of the case.
Understanding “Eggshell Plaintiff”
In law, there’s a principle that the defendant “takes the plaintiff as they find them.” This means if someone was already fragile before the accident, like an “eggshell plaintiff,” the defendant is responsible for the extra harm caused by the accident. Even if the injury would have been minor for someone healthy, if it worsens an existing condition, the defendant is still liable for the additional damage.
Challenges With Pre-Existing Conditions
While you can claim damages for an aggravated pre-existing injury, it comes with challenges:
- Older Injuries: if the pre-existing condition is from many years ago, like a minor spinal injury from 8 years ago with no recent treatment, it usually doesn’t pose much of a problem for your claim.
- Recent Injuries: If the injury is recent or if the treatment was just before the accident, it can be harder to distinguish between what was pre-existing and what was caused by the accident. This can make it harder for a jury to determine the extent of the new injuries.
For example, if someone had an injured spine eight years before the accident but for the last five years has needed no treatment at all, then the history will not be overly problematic. On the other hand, if the claimant’s history and treatment are very recent from the date of the accident, while the claimant still technically may have a claim without clear evidence of new injuries, it can be difficult for a jury to determine exactly what was preexisting and what was caused by the accident. Every case is different, so these are just general observations and should not be taken as legal advice.
Jury Instructions for Pre-Existing Conditions
If your case goes to trial, there’s a “Florida Standard Jury Instruction” used to guide the jury:
501.5 OTHER CONTRIBUTING CAUSES OF DAMAGES
a. Aggravation or activation of disease or defect:
“If you find that the (defendant(s)) 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).”
Why Choose McPherson & Thomas, P.A.?
At McPherson & Thomas, P.A., we understand the complexities involved in personal injury cases, especially when pre-existing conditions are a factor. Our extensive experience, combined with a thorough understanding of Florida law, allows us to effectively navigate these challenges. We strive to provide personalized attention to each case, ensuring that every client receives the dedicated representation they deserve.
With over 25 years of experience, our team, led by Scott McPherson, who has a unique background as a former paramedic, Ian Thomas, who has a proven track record in civil litigation, and Jack McPherson, who has a wealth of experience with the personal injury claim process, is well-equipped to handle the intricacies of your claim. We are committed to fighting for your rights and working diligently to achieve the best possible outcome for your case. Contact us today at(727) 848-8892 or visit our contact form.
