We recently solved a case where our client, an aide and caregiver for recovering drug and alcohol addicts, was involved in two (2) motor vehicle accidents within a four (4) month period. The first occurred while our client was in the “course and scope” of his employment with the rehabilitation facility while driving patients to an outdoor activity. The second auto related crash occurred four (4) four moths later. Both accidents were not our client’s fault.

After months of conservative care, which included physical therapy and spinal injections, our client underwent two major surgeries to his neck and low back. In turn, he pursued both Uninsured/Underinsured (UIM/UM) and Bodily Injury (BI) claims against both drivers and insurers.

Shortly before the first accident, our client received treatment for a low back injury he sustained from a prior work incident.

The law firm settled this difficult “causation” case for in excess of $600,000. Our client’s medical bills were ultimately paid and our client was compensated justly for the injuries and losses caused by these new accidents.

Under Florida law, an individual who has a “pre-existing injury or condition” that is aggravated from an auto accident is not prevented from bringing a personal injury claim. If an injured party has a pre-existing condition that is aggravated by an auto accident die to another’s negligence, the negligent party is responsible for any aggravation of the pre-existing injury or condition.

In addition, Florida Law (“No-Fault Law”) requires that an injured party prove he or she suffered a permanent injury and/or a permanent aggravation of a pre-existing injury or condition to be entitled to damages (money for past and future pain and suffering, mental anguish, loss of capacity to enjoy life and inconvenience, etc.

Finally, Florida law also allows injured workers to bring personal injury claims against third parties (usually not their employers) who cause these injuries while they are in the “course and scope” of their employment.

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