Margate auto accident victim obtains $85,000 settlement after suffering similar injuries two years earlier
Did you know that a person who causes an accident is responsible for 100% of your damages even if it causes an exacerbation of a preexisting injury? Read this blog to find out how! Two years earlier, the victim was involved in an accident that caused a rotator cuff tear in his right shoulder. The injury required a very invasive and very extensive shoulder surgery to repair the rotator cuff. The victim hired our law firm and the case settled for over approximately $275,000.
Two years later, the victim was driving his vehicle in Margate Florida. Suddenly and without warning, his vehicle was rear ended by another vehicle. He immediately felt pain in the same shoulder. He once again contacted our law firm and asked what his legal rights are. Specifically, his main concern was whether he could pursue a claim for an injury to the same exact spot as his last case. Our firm advised him that Florida Law is clear that a person responsible for an accident is responsible for all injuries caused by his negligence, including exacerbations of preexisting conditions! Shortly after the accident occurred, the victim once again hired our law firm, the Margate Auto Accident Attorneys Dell and Schaefer, to represent him for his injuries.
The Victim Begins Treatment With A Licensed Therapist
Immediately after the accident our client sought the care and medical treatment of a local chiropractor. After a thorough examination, the chiropractor diagnosed our client with acute trauma to the right shoulder. Our client began an intense physical therapy regimen. After 3 weeks with no improvement in his level of pain, the chiropractor referred our client out for an MRI of the right shoulder. The MRI showed, yet again, another rotator cuff tear in the same spot as his prior injury! Although the rotator cuff was torn again, it was not torn as bad as his prior rotator cuff tear. However, because the MRI showed positive injuries, our client was referred to an orthopedic surgeon. The orthopedic surgeon recommended a very minimally invasive surgery to repair the rotator cuff. Fortunately for our client, the surgery would not be as invasive as the prior surgery and the recovery time would be one third less than the prior surgery. Our client decided to undergo the procedure.
Dell and Schaefer Negotiate A Settlement
Immediately after the surgery, our firm filed a bodily injury demand against the insurance company. Our firm sought damages for bodily injury, aggravation of a preexisting injury, pain and suffering, loss of consortium, disability, mental anguish, property damage, past and future medical expenses, lost wages, and impairment of ability to earn future wages. The insurance company immediately countered with our client’s prior medical history. Specifically, the insurance company told us they were not responsible to pay since our client had similar injuries two years earlier. They argued that the prior accident was the reason our client needed the surgery, not the accident in question. Our firm did not waiver in our resolve to get the highest settlement for our client. We quickly tendered over the applicable Florida Statutes that clearly state that any person who causes bodily injury to another is responsible for 100% of their damages, including an exacerbation of a preexisting condition. In addition, our client had already undergone surgery to repair his prior rotator cuff. It was obvious that this accident caused a second rotator cuff tear. We demanded $85,000 to settle the claim and informed the insurance company that we would not settle for any amount under our demand. We gave them 7 days to tender out $85,000 or we would file a lawsuit. On the seventh day, the insurance company tendered $85,000!
Our client was absolutely thrilled that he could recover $85,000 despite having a preexisting condition. He even noted that he almost decided not to call an attorney since he assumed preexisting conditions were not covered by auto insurance settlements. His mistake could have cost him a lot of money. Always speak to an attorney regarding your rights in any accident. Our firm offers free initial consultations. We do not charge any fee unless we recover money for you.