Want to Destroy Your Car Accident Case – Don’t Tell Your Doctors About Prior Problems
Sept. 25, 2013
Leesburg Car Accident Lawyer shows another example of how juries hate it when they think the person making a car accident claim is holding things back or lying.
I have explained on numerous occasions how credibility is everything to the person that is making a personal injury or car accident claim. Anything that jeopardizes the injured person’s credibility – jeopardizes their recovery. The number one way to destroy any case is hold back prior issues with the same part of the body that you are claiming was injured in an accident.
Today I’m going to share with you a recent case where the jury obviously didn’t believe the plaintiff because she failed to tell the doctors about two prior visits to the hospital for neck problems.
Facts of the Case
This was an automobile accident case where the plaintiff claimed she was injured by an uninsured motorist. She filed a claim against GEICO for uninsured motorist benefits. GEICO admitted that the uninsured motorist was responsible for the accident but denied that the plaintiff was injured. The important part of the case is as follows:
Prior to the accident at issue, Pack was twice hospitalized with complaints including neck pain. During examinations after the accident, she did not reveal either prior hospitalization to either Dr. Gieseke or Dr. Routman. She testified that the neck pain on both occasions was minor and incidental to other more severe injuries.
The jury returned a verdict of ZERO. The appellate court is returning the case to the trial court for a retrial because the jury should have at least awarded the plaintiff money for the diagnostic tests performed by her doctors.
WHY DID THE JURY AWARD THE PLAINTIFF ZERO?
I wasn’t in the courtroom or the jury room but I’ve tried enough case to know that these cases turn on credibility, especially when the insurance company, and not a person is the defendant. The jury was sending a message to the plaintiff – WE DON’T BELIEVE YOU.
If you are injured in a Leesburg, Florida accident, tell your doctors everything about your past medical history. Hiding information about prior injuries or medical conditions is almost impossible these days – you will get caught – and the jury may send you away with NOTHING.
Any questions about a Leesburg personal injury or car accident case, you can always give me a call directly on my cell at 352-267-9168 and I will do my best to give you an answer.