Florida’s personal injury law doesn’t punish you for having a medical history. If an accident aggravates a pre-existing condition, you’re entitled to seek compensation for the worsening of your injury—not just the original harm. Florida Standard Jury Instruction 501.7 makes it clear: juries must decide how much of your current pain, suffering, or disability is due to the accident versus your prior condition. This means the defendant can’t escape liability simply because you weren’t perfectly healthy before the incident.
But insurance companies love to exploit pre-existing conditions. They’ll argue your pain was already there, or that the accident didn’t make things worse. The most common mistake? Failing to document how your condition changed after the accident. If you don’t show clear medical evidence of aggravation, your claim can be denied or reduced. Another pitfall: missing Florida’s strict deadlines. Most injury claims must be filed within two years (as of 2023), but waiting too long to report symptoms or changes can undermine your case.
To protect your rights, act fast. Gather medical records, keep a symptom diary, and consult a Florida personal injury attorney as soon as possible. Your lawyer can help prove the aggravation, navigate insurance tactics, and ensure you meet all legal deadlines. Don’t let a pre-existing condition become a weapon against your recovery—Florida law is on your side when you know how to use it.
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Disclaimer: This content is for informational purposes only and does not constitute legal advice, and laws and legal interpretations may change after the date of publication.
Written by:
Gil Sánchez, Esq.
CEO | Civil Trial Attorney
Black Rock Trial Lawyers
Abogados Law
