Motorcycle Accident Resulting in Neck & Aggravation To Back Injuries

Description:

57-year-old female passenger travelled as a passenger on her husband's 2010 Harley Davidson motorcycle, they were stopped in traffic behind a van. Without warning, the driver of the van suddenly and unexpectedly reversed into the front of the motorcycle – causing a collision between the two vehicles. More than a week later, she presented to her doctor with headaches, neck pain, left shoulder pain, and aggravation to a prior low back injury. The insurance company, by their assigned defense counsel, alleged this was a minor impact and questioned whether it caused her any injuries, arguing she had the same complaints within her prior medical records, initially making small offers of settlement.

The Florida Supreme Court approved Standard Jury Instructions in Civil Cases including a jury instruction for "Aggravation or activation of disease or defect" instructing the jury if the collision caused injury resulting in an aggravation of a pre-existing injury, the jury should attempt to decide what portion of the victim's condition resulted from the aggravation; and if the jury cannot make that determination, the jury should award damages for the entire condition suffered. The defense obtained surveillance video arguing she returned to a healthy and normal lifestyle. Afterwards, on closer review, we found their own video demonstrated her injuries and restrictions.

Note:

Case settled just prior to filing suit, saving her from litigation expenses and/or trial costs.