Auto Accidents

Workers Compensation

Social Security

Storm Damage Claims

Call Now For A Free Consultation

(941) 625-4878
Attorney Referrals
& Co Counselor
Contact All Injuries Law Firm

Local Help For Auto Accident Injuries With Preexisting Conditions

Have you been involved in an auto accident in Punta Gorda or anywhere in Southwest Florida? If you have a preexisting condition, and have been injured in an auto accident, your accident case may become more complex. Having an experienced and local auto accident attorney in Punta Gorda who specializes in auto accident cases, is especially important for the best outcomes when preexisting conditions are involved. The attorneys at All Injuries Law Firm have over 30-years of experience in injury cases including cases where the injured person has a preexisting condition, and have been aggregated by the accident. Brian O. Sutter a top attorney at All Injuries Law Firm explains how you can still receive compensation in a car accident even if you have had a prior injury, or medical condition.

Prepare A Strong, Evidence-Based Case To Satisfy The Plaintiff’s Burden Of Proof

In Florida, if you have a preexisting condition and you have been injured in a car accident, the burden of proof remains with you- the plaintiff- to demonstrate that your injuries were either caused by or exacerbated by the negligent act. For example, if you’ve been under chiropractic care for years due to back pain, and you have been involved in an auto accident that you allege has worsened the condition of your back, you have the duty to prove that your condition has been adversely affected by your auto accident in Punta Gorda.

Say you have been under chiropractic care for years treating chronic back pain, and then you find yourself in an auto accident in Punta Gorda. Your claim that the accident has worsened your back condition will require clear evidence. This is not a mere formality; it is a legal necessity. The court needs you to delineate, preferably through medical records and expert testimony, how the accident worsened your existing condition or caused a new injury. It’s insufficient to simply state that you were already receiving treatment for your back and now it feels worse.

While it may seem like a daunting task to “prove” how the accident impacted your preexisting condition, the attorneys at the All Injuries Law Firm serving Punta Gorda, and southwest Florida specialize in precisely these kinds of cases. We work closely with medical experts, conduct detailed investigations, and meticulously prepare evidence to support your claim. Our legal team is skilled at drafting compelling arguments that effectively demonstrate how an accident has adversely affected our clients’ health, even when preexisting conditions are in play.

Attorney Brian Sutter and the lawyers at All Injuries Law Firm will lift the “burden of proof” from your shoulders by equipping your case with the robust legal strategies it needs.

The Importance Of Being Upfront About Preexisting Conditions

It is essential to be upfront about your condition with your Punta Gorda car accident lawyer and your medical providers about any preexisting conditions concerning your car accident. Your attorney must then ensure that the aggravation of your preexisting condition is fully diagnosed, documented and supported in the “special damages” section of the lawsuit. Florida law mandated that damages for the aggravation of a preexisting condition must be explicitly stated in the claim and substantiated by evidence. It is not assumed.

It is vitally important to your case to be fully transparent concerning preexisting medical conditions when filing a personal injury lawsuit. If you do not make sure your conditions are documented your accident case could be severely impaired and your legal standing could significantly reduce your chances for a favorable resolution.

Being upfront with both your attorney and medical providers about any preexisting conditions is not merely a best practice- it’s a legal necessity under Florida law. Transparency ensures that the aggravation of your preexisting condition can be accurately pleaded and supported in the "special damages" section of your lawsuit. Failure to disclose could not only undermine your credibility but may also jeopardize the viability of your claim.

Florida statutes are clear: damages for the aggravation of a preexisting condition must be explicitly stated in your lawsuit, and must be substantiated with compelling evidence. Contrary to what some might assume, the law does not automatically account for the worsening of preexisting conditions; these specifics must be meticulously laid out and supported. When you’re transparent about your medical history, it equips your attorney with the necessary information to construct a strong legal argument, drawing upon medical records, expert testimonies, and other forms of evidence.

Case Study: State Farm v. Davis

A recent case that illustrates the complexities surrounding preexisting conditions is State Farm v. Davis, which was heard by Florida’s 5th District Court of Appeal. Here, State Farm contested a $500,000 verdict that included future medical expenses and other damages, claiming that the injuries were not entirely new or aggravated by the accident. Despite extensive medical history, there was a failure to present evidence to support the plaintiff's claim that her preexisting injuries were worsened by the accident.

In this case, State Farm challenged a $500,000 verdict, a sum that included both future medical expenses and non-economic damages. State Farm's primary point of contention was that the injuries sustained by the plaintiff were neither entirely new nor exacerbated by the accident in question. What makes this case particularly instructive is that despite a comprehensive medical history that included years of chiropractic care, the plaintiff failed to offer sufficient evidence demonstrating that her preexisting condition was aggravated due to the accident.

This absence of evidence proved to be a critical misstep. The appellate court ruled that simply having a preexisting condition is not enough; the plaintiff must clearly articulate, both in pleadings and with supporting evidence, how the accident in question worsened their preexisting condition. In Davis, this was not done, resulting in a reversal of the original verdict and a remand for retrial.

The takeaway here is clear: if you are involved in an auto accident and have preexisting conditions, a detailed and comprehensive legal strategy is not just helpful— it's essential for a favorable outcome. As your legal advocates, we at All Injuries Law Firm are committed to ensuring that the aggravation of any preexisting condition is explicitly pleaded and substantiated by irrefutable evidence.

Be Explicit in Your Claims

The lesson from the State Farm v. Davis case is unequivocal: the mere presence of a preexisting condition doesn’t automatically substantiate a claim for special damages. This must be expressly pleaded and supported by medical testimony or other evidence. In Davis, the appellate court ruled that simple awareness of a preexisting condition by an insurer doesn't mean that the damages related to the aggravation of that condition have been properly pleaded. As a result, the verdict was reversed, and the case was remanded for retrial.

This case underscores the importance of not only disclosing but explicitly substantiating claims for special damages related to the aggravation of preexisting conditions. Vague assertions or mere assumptions will not hold up under scrutiny.

That’s where All Injuries Law Firm comes into play. Armed with an understanding of personal injury law and a specialized focus on cases involving preexisting conditions, our legal team takes a comprehensive and strategic approach to ensure your claims are both pleaded and supported.

We collaborate closely with medical professionals to garner the necessary evidence, whether it’s medical records, expert testimonies, or diagnostic results. Our aim is to make an irrefutable case that your preexisting condition was aggravated by the accident, thereby securing the compensation you are entitled to.

Being explicit in your claim is not just a choice, it’s a requirement, as reinforced by the Davis case. This is not an endeavor to be undertaken lightly or without expert guidance. We look into the details of each case and gather necessary critical evidence. Our objective is to arm your lawsuit with an unwavering legal argument that leaves no room for doubt or interpretation.

Get Help Today For An Auto Accident Injury

If you're in an accident and have a preexisting condition, the nuances of the law make it imperative to consult a skilled personal injury attorney familiar with Florida statutes and case law. At the law firm of All Injuries of Southwest Florida, we specialize in guiding clients through the complexities of personal injury claims involving preexisting conditions. Only entrust your case to professionals who understand the intricacies of proving, pleading, and substantiating your claim for the aggravation of a preexisting condition.

Featured Video