The Impact of Pre-Existing Conditions on Florida Wrongful Death Claims

When someone else’s negligence causes the wrongful death of a loved one, your family deserves suitable compensation. However, the insurance company might try to avoid paying by claiming that the death happened because of a pre-existing condition.

Pre-existing conditions can have a huge impact on wrongful death claims because they might indicate that the death was not entirely the fault of the negligent party. Our wrongful death lawyers at Kogan & DiSalvo can help you understand how your loved one’s pre-existing conditions might affect your claim and how you can still get the compensation owed to you.

How Does Florida Law Define Wrongful Death?

Florida law defines wrongful death as a death that happens due to another person’s “wrongful act, negligence, default, or breach of contract or warranty.” This means that any death that occurs because of another person’s fault is a wrongful death that may warrant legal action and compensation. 

Types of accidents that commonly cause wrongful death include:

• Car accidents
• Medical malpractice
• Slip-and-falls
• Defective products
• Construction site accidents

Under Florida’s wrongful death law, the burden lies with the person filing the claim to prove that the other party’s actions caused the death. If the deceased had pre-existing conditions that affected their health, the other party might refute the wrongful death claim by asserting that those conditions were the actual cause of death. 

When Is a Pre-Existing Condition Relevant in a Wrongful Death Case?

One situation in which a pre-existing condition becomes relevant is when the condition may have been the actual cause of death. For example, a person might become hospitalized after a slip-and-fall, but an unrelated illness might lead to a fatal outcome while they are undergoing treatment. In this case, the deceased’s estate might qualify for survival action, but a court may rule that it is not wrongful death.

On the other hand, a pre-existing condition can be relevant if the accident aggravated the condition. For example, a person might have a heart condition that becomes directly aggravated in a car accident. If this aggravation leads to a fatal outcome, the negligent party is still liable for the wrongful death even though a pre-existing condition was also a factor.

How Can You Prove Causation Despite a Pre-Existing Condition?

Proving causation in any accident case starts by establishing the other party’s duty of care. Drivers have a duty to other people on the road, business owners have a duty toward guests and medical staff have a duty toward patients. If a person violates this duty of care, it is an act of negligence that can cause a wrongful death.

The next step is to establish that the negligence directly resulted in harm to the deceased. Medical records, expert testimony and witness statements can all help prove exactly how the accident happened and what caused the damage. Your wrongful death attorney will also conduct a thorough investigation to find any other forms of evidence that will support your case.

Will the Deceased’s Health History Affect Wrongful Death Compensation?

Your loved one’s health history can have an impact on the compensation your family receives for a wrongful death. If the court rules that the death happened entirely because of a pre-existing condition, you may be unable to recover any compensation through a wrongful death claim. However, it may still be possible to pursue a survival action on behalf of the deceased.

Even if the accident aggravated a pre-existing condition and accelerated a fatal outcome, the presence of the pre-existing condition can still affect compensation. In this case, the court may rule that the accident contributed to the death but was not the sole cause.

What Compensation Is Available in a Wrongful Death Claim?

When you file for wrongful death, you are seeking to recover the losses you and your family suffered due to the loss of a loved one. These losses may include:

• Medical expenses prior to the death
• Loss of companionship or consortium
• Loss of household income
• Emotional pain and suffering
• Funeral and burial expenses

The death of a loved one is a catastrophic loss, so you deserve suitable compensation from the responsible party. The fact that a pre-existing condition can affect this compensation makes it very important to seek legal counsel that will help you recover as much as possible.

Call Our Florida Wrongful Death Attorneys Today

At Kogan & DiSalvo Personal Injury Law, we use every resource at our disposal to advocate for grieving families pursuing a wrongful death claim. We believe that you deserve time to mourn and focus on finding a new sense of normalcy. That is why we provide guidance every step of the way and carry the burden of negotiating a settlement on your behalf.

Contact us today for your free case evaluation. Our Florida wrongful death attorneys will help you understand your legal options.