I’ve Already Been Involved in a Car Accident Claim. Can I File Another Car Accident Claim?
Car accidents can be life-changing. A car accident can result in significant physical, emotional, and financial burdens. Fortunately, if you are involved in a Florida car accident because of the negligence of another party, you can file a car accident claim against the negligent party and seek compensation. If you’ve already been involved in a car accident claim and find yourself in another accident, you may be concerned about whether you can file another claim and seek compensation. The good news is that you can file your second car accident claim and recover compensation for your injuries and damages. However, you should know that past claims can affect your current case. Read on to learn more.
Understanding the Law Regarding Multiple Personal Injury Claims
Every personal injury case is evaluated on its own merits. If you have been involved in a previous car accident claim, it does not automatically disqualify you from seeking compensation for a new accident. If you’ve been in a car accident case before, you can file a second case and seek compensation. As in the first case, if you can prove negligence on the defendant’s part, you can recover compensation. The fact that you were in a prior accident does not erase the defendant’s liability in the second accident.
In Florida, what is generally not allowed is seeking compensation for the same accident and injury twice. Your case is considered closed once you accept a settlement or court award.
Impact of Previous Accidents on New Claims
While you have the right to file a car accident claim even if you have been in another claim before, it is vital to note that your prior accident can impact your new case. Below is a look at how your previous accident may impact your new case;
Credibility
While you have the right to file another car accident claim, the insurance company and opposing lawyer may question your credibility. The at-fault party’s insurance company and their lawyer may suspect a pattern of behavior, suggesting you are fabricating or exaggerating injury to recover compensation.
Pre-Existing Conditions
Your first car accident may have resulted in you having a pre-existing condition by the time of your second accident. The at-fault party’s insurance company or attorney may argue that the injury you claim to have sustained in the second accident is a pre-existing injury. However, the concept of “aggravation of a pre-existing condition” is recognized in personal injury law. If your second accident worsened or aggravated your pre-existing injury, you can still seek compensation.
Tips for Strengthening Your Case
The following are some strategies for strengthening your second car accident claim;
- Thorough Documentation: Keep detailed records of both accidents, including police reports, witness statements, and medical records. This can help differentiate the two accidents and substantiate your case.
- Medical Evaluation: Ensure your injuries from the second accident are evaluated and comprehensively documented. Clear medical records showing new or aggravated injuries are vital for countering the defense’s arguments.
- Legal Representation: Hire a skilled car accident lawyer who can help prepare and present a compelling case, counter the defense’s arguments, and negotiate effectively.
Contact Us for Legal Help
Our Orlando personal injury attorneys at The Pendas Law Firm can help you get the compensation you deserve for your second car accident. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Ocala, Fort Myers, Fort Lauderdale, Bradenton, Daytona Beach, West Palm Beach, Tampa, Miami, Jacksonville, Naples, and Melbourne areas.
