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.


Friday, October 4, 2013
Judy Fisher:

Has there ever been a case won against a chiropractor who tore out someone’s rotator cuff? And if so, did they win the case?

Saturday, October 5, 2013
Gregory Dell:


We have never had a case like you have suggested. That would be a very rare occurrence.

Monday, May 12, 2014
Tom Lavoie:


I am going through a similar situation. My preexisting injury is not from another car accident. I broke my clavicle snowboarding over 3 years ago and it required surgery; a titanium plate with 5 screws. This April 25th I was rear ended by someone who was obviously not paying attention. A school bus had traffic backed up so I was at a complete stop and I heard tires screeching and didnt have any time to even put my foot on the accelerator. They had to have been going around 40 mph so my car was totalled beyond repair. I went to the emergency room that day. The x rays and cat scan showed no fracture or anything major but I was dealing with severe neck and shoulder pain. I called a lawyer a couple days later and I started seeing a chiropractor 3 times a week for over 2 weeks now and I am still in the same amount of pain. Just saw my new orthopaedic Dr andhe says it sounds like my rotator cuff. I know there are a lot of tendons and muscles in there and it seems like the old injury has definitely been aggravated. Still waiting to get the MRI. So this guys case settled out of court? Do you think it would be detrimental to my case if I was seen for neck pain the morning of the accident? Is there any way to find out if the other person was on their cel phone?

Tuesday, May 13, 2014
Jason Macri:


Thank you for contacting us about your accident. Sorry to hear about what happened to you. You would still be able to get compensated even if your old injury was re-aggravated. It sounds like you suffered a new injury in this accident as well. Regarding the cell phone records, a subpoena can be issued to the cell phone company requesting that those records be produced. Please contact us privately if you wish to speak further about your case.

Sunday, March 6, 2016
Terrell G.:

How about a rotator tear caused by a car accident, the driver had no insurance, but I have underinsured insurance. The tear does not involve surgery.

Wednesday, March 16, 2016
Attorney Jason Macri:

Hi Terrell,

When and where did you accident occur? Did you have any prior issues with your shoulder? Who is your automobile insurance company? Are your doctors recommending surgery? Please feel free to call us to discuss your case further.

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