Two Hialeah auto accidents in 30 days result in $100,000 settlement due to second accident
Did you know that if you are injured in two auto accidents that occur relatively close in time to one another that you should pursue both claims?
The victim, a 75 year old grandfather, was driving his grandson to school one morning in Hialeah, Florida. Suddenly and without warning, the first defendant ran a stop sign and T-boned our client. The victim immediately felt pain in his neck and lower back. The victim sought the care and medical treatment of a local chiropractor and orthopedist. Our client underwent two MRI’s which showed disc herniations in the upper and lower spine. While undergoing treatment, the victim contacted the Hialeah Auto Accident Attorneys Dell and Schaefer and hired our firm to represent him for his injuries. Our firm immediately filed a bodily injury claim against the first defendant’s insurance company.
A Second Auto Accident Causes Further Damage To Our Client
One month after our client’s first auto accident, our client was driving his car to the local supermarket to purchase a few things for dinner. Suddenly and without warning, a second defendant struck our client from behind. Our client once again felt pain in his upper and lower back. Our client knew that the second accident exacerbated the same injuries that he suffered from his first accident. Our client contacted our firm and initially informed our firm that he did not want to file a second bodily injury claim out of concern that filing a second claim could negatively impact the first claim.
Our firm advised our client that if he suffered bodily injuries in the second accident as well, that it was in his best interest to pursue both claims. Our client changed his mind and decided to file a second claim. While undergoing treatment for the second accident, our client once again underwent an MRI of the upper and lower back which showed disc herniations in the same locations of our client’s upper and lower spine.
After our client finished treatment for both of his accidents, our firm filed claims against both insurance companies alleging that both auto accidents jointly and severally caused serious bodily injuries to our client. We filed independent claims against each insurance company 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.
Is The First Or Second Accident The Cause Of The Injury And Who Is Responsible?
The insurance company for the first accident denied the claim alleging that the second accident was a superseding cause of our client’s injuries. The insurance company for the second accident alleged that our client was injured in the first accident and that the second accident did not cause him any further injury that he didn’t already have from the first accident.
So herein arose the legal predicament for our client—both insurance companies pointed the finger at each other as the cause of our client’s injuries. Our firm had no choice but to file lawsuits against both the first defendant and the second defendant. At mediation, the first insurance company brought in an expert witness who analyzed both MRI’s from each accident.
The expert witness was able to determine how the second set of MRI’s showed further injury to our client’s spine than the first set of MRI’s from the first accident. As a result, he was able to conclude that the second impact exacerbated our client’s injuries from the first accident. In an effort to resolve the claim the first insurance company offered only $3,000 to settle the claim. The second insurance company, after reviewing the expert witness testimony from the first insurance company could not disprove the fact that the second accident caused further injury to our client that he did not have prior to the second accident.
As a result, the second insurance company agreed to pay for 100% of our client’s damages and offered him $100,000.00.
Our client was absolutely thrilled that he listened to our advice to pursue both claims. Had he only pursued the first accident and not the second accident, he would have not been able to recover $100,000.