The only time a pre-existing condition becomes an issue is when a plaintiff isn’t honest about it. It is always important to tell your doctors, your attorney, and opposing counsel the truth about pre-existing conditions. When you lie about a pre-existing condition and it is discovered during your case it creates a credibility issue which makes you look bad to the judge and jury. 

Florida laws are very favorable for plaintiffs even when they have pre-existing conditions. Judges and/or juries are instructed to apportion a percentage of the pre-existing condition and a percentage to the new injury. If they are unable to do this then they are instructed to award the plaintiff 100% of their damages. 

For example, a jury can say they feel, based on the evidence presented during trial, that 50% of the plaintiff’s damages are due to their pre-existing condition; while the other 50% was caused by the new injury. With that being determined, the jury would then award the plaintiff 50% of their damages. However, if the jury is unable to determine which percentage is from the pre-existing condition and what percentage is from the new injury, then they must award the plaintiff 100% of their damages. 

If you have any questions about a pre-existing condition, we would be happy to sit down and discuss your case with you. Please call us at 407-254-4901 or text us at 407-644-4444. We are always happy to offer a no obligation, free consultation to discuss your case with you.  

Kim Cullen
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Central Florida Personal Injury and Wrongful Death Attorney
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