Under Florida law, a pre-existing condition or injury can affect how much you are compensated for your losses. Florida law uses “causation” to help determine how pre-existing conditions impact your new injuries. If you were hurt in any way that is independent from your pre-existing injury or if the accident aggravated a pre-existing injury, you cannot be prevented from recovering damages.
In some cases, you may have a lesser amount awarded to you due to your pre-existing condition or injury, but that does not mean the defendant will not pay anything. It is only in rare cases that the defendant may be deemed not liable and free from any damages. Other times, pre-existing conditions can have no impact on your case, and the defendant can still be 100% liable for your injuries.