Can a Previous Accident Be Used Against Me in My Florida Car Accident Lawsuit?
September 9, 2019
Tactics by Insurance Companies After a Florida Car Accident
You were in a car accident in which the other party was clearly at fault. You assumed that the next steps of collecting compensation would be simple, especially since it is clear who was responsible for the cause of the accident.
That is until the insurance company has brought up a prior car accident that has nothing to do with this one and now they are attempting to use it against you. Can they do that?
Potential Insurance Company Defenses
It is important to keep in mind that insurance companies are a business. They operate in a way that maximizes their profits and reduces their liabilities. If they can find a way to utilize a prior car accident against you and reduce the amount they have to pay, they will.
The insurance company can, and will, use any record of prior car accidents in their defense case. They will also use any record of injuries and any compensation that you have received. All of this information is public record and it is likely that they will uncover it during discovery.
The insurance company can use this information to attempt to demonstrate that you are frequently in court, attempting to collect compensation. They can also use this information to establish that you have pre-existing injuries which could decrease your compensation amount.
These practices might not seem fair, but they are common defenses and it is best to prepare for them ahead of time.
Maximizing Your Compensation with a Prior Car Accident
Unfortunately, you cannot prevent the insurance company from using a prior car accident against you. They can even present this information in front of a jury and then it is up to the jury to decide whether or not they think it is related.
Working with an experienced personal injury lawyer that is familiar with insurance companies’ most common defense practices can help you fight back. Your Weston personal injury lawyer will evaluate the evidence and ensure that it follows Florida laws. They will also work to build your case in a way that shows that the prior car accident has nothing to do with the current one or the new injuries you are facing.
In order to effectively build your car accident case, it is important to share all information involving both the current accident and any previous ones with your lawyer as soon as possible. This allows them to prepare ahead of time and begin building your defense.
Damages Available in a Fort Lauderdale Car Accident
Florida allows for the following damages to be recovered following a car accident:
- Medical bills
- Lost income and work benefits
- Rehab costs
- Property damage
- Diminished earning capacity
- Pain and suffering
Severe car accidents are likely to involve much higher costs and you can expect the defendant’s insurance company to spend more time looking into a prior car accident in order to reduce the amount they have to pay.
Take Action and Get the Compensation that You Deserve
It does not seem fair that the insurance company can use unrelated information against you. The legal team at Lawlor, White & Murphey will help you fight back against the insurance company and get you the compensation that you deserve.
Contact a Weston Personal Injury Lawyer to Discuss Your Car Accident Case in Florida
Did you or a loved one sustain serious injuries due to a car accident in Florida? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Lawlor, White & Murphey represent clients injured because of car accidents in Deerfield Beach, Lauderdale Lakes, Dania Beach, Pompano Beach, and throughout Florida. Call 754-226-1474 or email us to schedule a free consultation about your case. We have an office conveniently located at 2211 Davie Boulevard, Fort Lauderdale, FL 33312 as well as offices in Pembroke Pines, Plantation, Coconut Creek, Pompano Beach, and Weston.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.