Truck Accident Resulting in Neck & Back Injuries

Description:

The operator of a box truck was rear-ended by another box truck. The driver of the second truck failed to keep a proper lookout, failed to maintain control of his vehicle, also failing to operate the truck within a reasonable, careful and prudent manner with due regard for all traffic and surrounding circumstances. The collision caused neck and back injuries, aggravations to pre-existing conditions, also resulting in surgeries. Prior medical history included five prior accidents, all or most having claims for prior back injuries, including prior back surgery. This case highlights the importance of being transparent and truthful with all prior claims, all prior injuries with the treating doctors and within litigation (through answers to interrogatories and by deposition testimony) to proving this crash caused an aggravation to a pre-existing condition(s), compensable by Florida law. Florida's Standard Civil Jury Instructions expressly instruct the jury they may award damages for an aggravation to a pre-existing condition. Objectives were achieved in this case, allowing our client to obtain best medical care and best financial recovery. The case resolved during litigation, as our client made a very credible and forthcoming witness.

This case highlights:

The importance of being transparent and truthful with all prior claims, all prior injuries with the treating doctors and within litigation (through answers to interrogatories and by deposition testimony) to proving this crash caused an aggravation to a pre-existing condition(s), compensable by Florida law. Florida's Standard Civil Jury Instructions expressly instruct the jury they may award damages for an aggravation to a pre-existing condition.

Objectives were achieved in this case, allowing our client to obtain best medical care and best financial recovery. The case resolved during litigation, as our client made a very credible and forthcoming witness.