Automobile Accident Resulting in Neck and Back injuries with Aggravation To Pre-existing Conditions

Description:

The driver of a 2015 Nissan automobile caused a rear-end collision to our client in rush hour traffic. The next day, she presented to the chiropractor with chief complaints of neck pain, back pain, and difficulty sleeping. A month afterwards, she had MRI studies of her neck and low back, both of which revealed disc herniations, never previously diagnosed beforehand. The at fault driver's insurance company responded to her pre-suit demand with lowball settlement offer(s), resulting in a lawsuit filed against the at fault driver. During discovery, our client was truthful when asked about any prior medical history, noting complaints of prior neck and low back pain, treating for approximately six months before this crash, also producing copy of her prior medical records. Such prior records did not involve any necessity of ordering any diagnostic studies. Moreover, we argued such pre-existing conditions made her more susceptible to being injured by this 30 mile-per-hour rear end collision, also arguing she was never diagnosed with herniations in her neck or back any time before this crash. During litigation, the Court ordered us to attend Non-Binding Arbitration, resulting in an award that exceeded the at fault driver's insurance limits or coverage. Ultimately, the insurance company tendered the at fault driver's insurance limits of $50,000 just months before this case was set for jury trial. This case illustrates two important points: 1) Always tell the truth about any prior medical history, also sharing such prior medical history with your treating physicians, allowing them the best information to properly diagnose your injuries, including any aggravation to any pre-existing condition. Second, Florida's Standard Jury Instructions expressly state an aggravation to pre-existing condition is compensable; and if the jury cannot separate the pre-existing condition from the new injuries, the jury shall award damages for the entire condition.

Case resolved for policy limits approximately two months before the case was set for the pre-trial conference and jury trial.