Murray Guari Partners Jason Guari and Scott Perry recently resolved two cases for their young client who had the misfortune of getting in two car accidents back to back only a few months apart. After both incidents, she was still suffering from low back pain and had yet to reach Maximum Medical Improvement (MMI) from the first accident when she was involved in the second crash.
Some lawyers may panic or give up on cases when presented with these facts, but the Murray Guari team knew that these facts could be used to their advantage. Under Florida law, when someone is involved in a second accident that results in similar or indistinguishable injuries, then a jury can either apportion the damages (if it can) or if it cannot, then all damages are placed onto the first accident. Similarly, under Florida law, a victim can assert a claim for an aggravation or exacerbation when a second accident makes a condition worse, thereby putting responsibility onto the second accident.
By fully understanding this law and explaining this to the various insurance carriers involved: Bodily Injury (BI) insurance carrier accident one, Bodily Injury (BI) insurance carrier accident two, and Underinsured Motorist (UM) insurance carrier accident two, our client was fully and fairly compensated for her past medical bills, future medical bills, and pain and suffering from the two accidents. It is important to remember, when the facts get messy, it is important to have knowledgeable attorneys who can help sift through the evidence and use the law to their clients’ advantage to get the best possible results.