Losing a loved one due to another’s negligence is devastating. When the deceased had a prior medical condition, surviving family members often fear it may undermine their claim. In Florida wrongful death cases, pre-existing conditions can complicate matters — but they rarely eliminate the possibility of compensation. The key lies in proving that the defendant’s actions directly caused or accelerated the death, regardless of the victim’s health history.
Understanding Wrongful Death Claims in Florida
Florida’s Wrongful Death Act, outlined in Florida Statutes §768.16–§768.26, allows surviving family members to pursue damages when a death results from another party’s negligence, wrongful act, or breach of contract. The law shifts the right of action from the deceased person to their personal representative, who files on behalf of eligible survivors such as spouses, children, or parents.
These claims can arise from car accidents, medical malpractice, defective products, or workplace injuries. However, when the deceased suffered from a pre-existing condition like heart disease, diabetes, or respiratory issues, defense attorneys often argue that these conditions — not the defendant’s conduct — caused or contributed to the death.
Why Pre-Existing Conditions Become a Point of Contention
In Florida wrongful death cases, insurance companies and defense lawyers routinely leverage pre-existing conditions to dispute liability or reduce damages. Their argument is often that the decedent’s health issues, rather than the accident or negligence, were the true cause of death.
For example, a victim with chronic obstructive pulmonary disease (COPD) who dies after a car accident may be portrayed as someone whose health would have deteriorated regardless of the collision. The defense may claim that the injury merely coincided with an inevitable decline.
Yet, Florida law recognizes that negligent actions can aggravate an existing condition. Even if the decedent was vulnerable, the negligent party can still be held accountable for worsening that condition or hastening the person’s death. In practice, this means the plaintiff must establish a clear causal connection between the defendant’s conduct and the fatal outcome.
How Florida Law Treats Aggravation of Pre-Existing Conditions
Florida courts follow the “eggshell plaintiff” rule, meaning defendants must take their victims as they find them. If negligence aggravates a prior condition or causes death sooner than expected, liability still applies.
For example, if an elderly person with a heart condition suffers a fatal cardiac event after being struck in a car accident, the driver cannot avoid responsibility merely because the victim was fragile. The defendant is liable for the full consequences of their actions — even if another person might not have suffered the same outcome.
In wrongful death litigation, this principle helps ensure fairness for families whose loved ones were already medically vulnerable. It emphasizes that accountability should not vanish simply because the victim had pre-existing health challenges.
Proving Causation in Florida Wrongful Death Cases
To prevail in a wrongful death claim involving pre-existing conditions, plaintiffs must prove that the defendant’s negligence more likely than not caused or contributed to the death. Florida’s standard of proof — “preponderance of the evidence” — means that the defendant’s actions need only be shown to be the greater cause, not the sole one.
Attorneys typically use several forms of evidence to establish causation:
- Medical documentation showing how the accident or negligence worsened a pre-existing ailment.
- Expert testimony from physicians linking the defendant’s actions to the death.
- Autopsy results clarifying the immediate and underlying causes of death.
- Witness accounts describing the incident’s impact on the victim’s condition.
In many cases, the cause of death is not straightforward. A skilled Florida wrongful death attorney can dissect complex medical records, consult forensic experts, and present a cohesive argument proving the connection between the negligent act and the fatal outcome.
Damages Available When Pre-Existing Conditions Are Involved
Survivors may still recover compensation even when pre-existing conditions play a role. Florida’s wrongful death statute allows for several categories of damages:
- Economic losses such as funeral expenses, lost support, and loss of household services.
- Non-economic damages like mental pain and suffering for surviving family members.
- Loss of companionship and protection for spouses and minor children.
- Medical expenses incurred due to the injury that caused the death.
In practice, courts and juries weigh the extent to which the defendant’s actions accelerated or worsened the victim’s health. If the negligence shortened the person’s lifespan — even by a small margin — damages may still be substantial.
The Defense Perspective: Common Tactics and Rebuttals
Insurers frequently rely on several strategies when a pre-existing condition exists. They might claim that:
- The death resulted entirely from the underlying condition, not the defendant’s actions.
- The decedent’s medical history was poorly documented or unreliable.
- The symptoms following the incident were subjective or exaggerated.
In response, plaintiffs’ attorneys counter these claims using medical experts who clarify the distinction between “but-for” causation (death would not have occurred but for the defendant’s conduct) and coincidental timing. Demonstrating a measurable change in the victim’s condition — for example, showing that injuries from the incident directly led to complications or organ failure — can be decisive.
Evidence That Strengthens a Florida Wrongful Death Claim
The strength of a wrongful death case involving pre-existing conditions often hinges on comprehensive evidence collection. Attorneys may focus on gathering:
- Complete medical history to distinguish chronic conditions from new injuries.
- Timeline of decline demonstrating how the decedent’s condition worsened after the incident.
- Expert evaluations correlating trauma or negligence with the fatal progression.
- Economic analyses projecting loss of income and household contributions.
- Testimonies from family and caregivers illustrating how the event changed the victim’s health trajectory.
When organized effectively, this evidence can dismantle defense claims that the death was “inevitable,” ensuring juries understand the true chain of causation.
Scenario: The “Thin Skull” Rule in Action
Consider this: a 65-year-old man with hypertension is involved in a rear-end collision. He sustains a mild neck injury and stress-induced cardiac complications, ultimately leading to a fatal heart attack. The defense argues that his pre-existing heart disease — not the accident — caused his death.
However, medical testimony confirms that the crash triggered the cardiac episode. Under Florida’s “eggshell plaintiff” doctrine, the defendant remains liable. The court determines that the negligent driver’s actions accelerated the victim’s decline, entitling his surviving spouse to damages for loss of companionship and financial support.
Cases like this highlight how wrongful death law in Florida prioritizes accountability over perfect health. A defendant’s responsibility is not diminished because the victim was medically fragile.
Statutory Insights and Their Real-World Impact
Florida Statute §768.19 defines wrongful death as occurring when a person’s death results from another’s wrongful act, negligence, or breach of contract or warranty. This statute ensures that the right to sue does not disappear with the victim’s passing. The wrongful death action essentially stands in the shoes of the deceased — meaning any claim they could have filed if alive can be brought by their estate or survivors.
This is critical when pre-existing conditions are in play. Even if the victim’s health made them more susceptible, as long as the defendant’s negligence was a contributing cause, the law permits recovery. In practice, this interpretation ensures justice for families whose loved ones were made more vulnerable, not less deserving.
Why Legal Representation Matters in Complex Wrongful Death Cases
Navigating the intersection of pre-existing conditions and wrongful death law requires medical insight, strategic litigation, and a deep understanding of Florida statutes. Insurance companies often capitalize on confusion about causation to reduce settlement offers or deny claims outright.
An experienced Florida wrongful death lawyer knows how to anticipate these defenses, collaborate with experts, and quantify damages that truly reflect the loss suffered by the family. From reviewing autopsy results to negotiating with insurers, effective legal advocacy can mean the difference between a dismissed claim and a life-changing recovery.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
If your loved one’s wrongful death involved a pre-existing condition, you still have rights under Florida law. The attorneys at Brandon J. Broderick, Attorney at Law understand how insurers use medical histories to undermine valid claims — and how to counter them with evidence, expert testimony, and compassion. Our Florida wrongful death lawyers fight for families facing unimaginable loss, ensuring accountability when negligence accelerates or contributes to death. We’re here to help you pursue justice, financial recovery, and peace of mind after tragedy.