Hog Law Case Results

Motorcycle Accident Resulting in Serious Low Back Injuries / Aggravation to Pre-existing Injuries.

Description:

Motorcyclist sustained a serious back injury, diagnosed with a herniated disc in his low back ultimately requiring surgery. Client had a prior medical history, and this was an aggravation to pre-existing condition case. The insurance company initially argued their insured (the at fault driver) was not liable citing our client had pre-existing back injuries from prior accidents, including prior medical records detailing his pre-existing low back injuries. In response, we noted Florida's Standard Jury Instruction titled: "Aggravation or activation of disease or defect." This standard jury instruction is based upon well settled Florida case law holding "where injuries aggravated an existing ailment … the person whose negligence caused the injury is [liable] in damages for the results of the disease as well as the original injury. In such cases the injury is the prime cause which opens the way to and sets in motion the other cause and … the defendant must respond in damages for such part of the diseased condition as his negligence has caused and if there can be no apportionment, or it cannot be said that the disease would have existed apart from the injury, then [the Defendant] is responsible for the diseased condition." See, C.F. Hamblen, Inc. v. Owens, 172 So. 91 (Fla. 1937). Thus, the Defendant shall be held accountable for the entire condition where we can prove the motorcyclist (accident victim) suffered an aggravation of a pre-existing condition.

Overall, we successfully met our two objectives:

1. Our client obtained the best medical care.
2. He obtained a great financial recovery.