Were Your Injuries Caused by Your Car Accident in Florida?
Accident & Injury Car Accident Accident & Injury Personal Injury Accident & Injury Property Damage
Summary: I have written articles about pre-existing injuries and how they might affect your Florida car accident claim and I have written about the importance of candor with your attorney and physicians regarding your medical condition and history
I have written articles about pre-existing injuries and how
they might affect your
Hernandez v. Gonzalez[1]
The Plaintiffs, Carmen Hernandez and Carmen Feliz, were involved
in a car accident in which their vehicle was rear ended by a car driven by
Alexis Gonzalez and owned by Linda Gonzalez.
In
After the car accident, the plaintiffs immediately went to the emergency room and underwent diagnostic treatment. They explained their injuries to the doctors and sought further medical care to treat their injuries. The plaintiffs were able to present expert testimony at trial that the damages suffered were caused by the defendants. In fact, at trial, defendants admitted liability which put to rest any argument that the plaintiffs contributed to causing this car accident. This sounds great so far, right? A rear end car accident in which the defendants admit liability that required medical treatment and testing sounds like a slam dunk. However, the case was submitted to the jury and the plaintiffs were awarded ZERO.
The big question now, is where did it all go wrong for these plaintiffs?
Causation is Required to Recover in a Florida Car Accident Case
I have intentionally left out the defenses raised in the Gonzalez case. At trial, the defense provided expert testimony indicating that the plaintiffs’ injuries were unrelated to the car accident and were instead the result of pre-existing conditions. There is nothing surprising about this type of testimony. They also presented evidence which demonstrated that the plaintiffs had pre-existing medical conditions that coincided with the injuries they claimed were suffered in the car accident. Again, there is nothing surprising about pre-existing injuries. Auto accidents often re aggravate old injuries. Injuries which have not caused pain in years can suddenly flair up following a car accident. It is certainly not the death knell to a car accident claim.
However, the defense also showed that the plaintiffs failed
to disclose prior accidents to their treating physicians. They also failed to disclose that the
injuries suffered in the new car accident were of the same kind as injuries
suffered in the earlier accident. The
defense was also able to present evidence that the plaintiffs were laughing and
joking around in the emergency room. This
is the type of evidence that defense counsel will have a field day with at
trial. The plaintiffs were painted as
dishonest and merely seeking to have the plaintiffs bear the financial
responsibility for injuries which were unrelated to the car accident. In
Candor with Medical Professionals
First, always be candid with your physicians. If you are not candid then it is much more
difficult for your physician to reach a proper medical diagnosis. I have no idea whether the two plaintiffs in
the Gonzalez case were truly injured from the car accident and were just
forgetful or if they were attempting to scam the system. The jury was certainly convinced that they
were entitled to recover anything.
Some people get nervous and intentionally fail to disclose
facts that they believe will be damaging to their case. In many instances, they believe that they will
not be able to recover for new injuries if they have been injured in prior car
accidents. This is simply not true. However, withholding crucial information is
seldom a wise course of action.
Remember, at trial, you will be fighting an insurance company with vast
resources and access to all reported car accidents. Before trial, the insurance company will also
be granted right to request and inspect the plaintiff’s medical records. It becomes a very dangerous and unethical
game of cat and mouse to attempt to hide relevant information from medical
professionals which can have devastating effects on your health and your car
accident case.
Contact
a
Have you or a loved one been injured in a car accident? Contact an experienced
If you or a loved one has been injured as a result of a slip
and fall, a car accident, a motorcycle accident, a bicycle accident or a
pedestrian accident, you should immediately call an experienced personal injury
attorney in St. Petersburg at The Law Offices of Bobby Jones at (727) 571-1333
during regular business hours or (727) 753-8657 on weekends or after regular
business hours. We will evaluate your case for free and you will never pay us a
dime unless we recover compensation for your injuries.
The Law Offices of Bobby Jones
6570 30th
Avenue North
http://bobbyjoneslaw.com/personal-injury/"
References:
[1] http://www.4dca.org/opinions/Oct%202013/10-30-13/4D12-1810.op.pdf”>