A pre-existing injury is defined as an injury that was incurred prior to an auto-accident or some other incident that causes a subsequent injury. The result of the accident can either cause further damage to the pre-existing injury or create a new injury altogether. So, what does this mean if you are in an automobile accident, get hurt, but have a pre-existing injury?
First, if the accident causes further injury to the pre-existing condition, you can recover damage for any exacerbation (increase in damage/pain) of the pre-existing condition. Alternatively, if the accident causes a new injury that does not involve the pre-existing condition, then the pre-existing condition should not be relevant at all or to the amount of damage you are entitled to. Insurance companies thrive on attempting to limit the monetary damages an injured client can recover by claiming that the pre-existing condition/injuries existed before the accident.
An experienced personal injury attorney can make the difference in defeating the insurance company’s assertions that your injury is worthless because it was already there. Mackey Law Group knows how to get what a client is entitled to.
By: Kyle Stalnaker, Esq.
“Show me the money!” When a lawyer evaluates a personal injury case for an injured client a point of emphasis is always where the money will come from to compensate the injured party. Often times, the source is an insurance policy. However, what if the injury/accident, or even a death, occurred at work? In Florida, there is a limitation cap on the monetary amount that a person killed at work can obtain; it’s part of Florida’s worker’s compensation law. An attorney may tell a client that this cap is all they can get for their loved ones death, or injury. Or, you can get a second opinion from another lawyer…
That is exactly what a recent client of Mackey Law Group did when they came to us. The client’s family, whose mother died at a workplace accident, was told by numerous attorneys in the area that the most they (the survivors) could collect from their mother’s death was the worker’s compensation cap of $150,000.00. Mackey Law Group was contacted for a “second opinion.” Our lawyers found a way around that $150,000.00 limitation. Our second opinion made the difference for the grieving family, as Mackey Law Group procured a settlement in excess of $1.6 million dollars; far in excess of the $150,000 other attorneys had advised was all they could expect.
All attorneys are not created equal. There are often times thinking outside of the box is required and your attorney should be considering all possible avenues to maximize recovery. Legal tools are available to get around certain limitations; another insurance policy that one attorney couldn’t find may be discovered; or other financial sources may exist to compensate an injured client or a family devastated from the loss of a parent, spouse, or child.
By: Kyle Stalnaker, Esq
Everyone gets hurt. It’s not an “if” but a “when”. Serious injuries can result in enormous medical bills, lost time/wages from work, permanent pain and suffering, and even death. If someone, something, or someplace is responsible for the injury, no one should just surrender to the financial impact the injury can and will have on their life. Whoever’s responsible or “liable” should take care of it.
Everyone has heard of the McDonald’s “hot coffee” case, but most don’t actually know the real story. The truth is McDonalds intentionally super-heated their coffee to the point that the spill on the woman required skin grafts. The woman originally only asked McDonalds pay her hospital bills; McDonald’s refused. The woman did the smart thing next and hired legal counsel—the result: McDonalds paid hundreds of thousands of dollars.
Click this link to watch this great video explaining the case: https://www.facebook.com/CollegeHumor/videos/10154282893897807/
Mackey Law Group is ready to aggressively take on those responsible for your injuries.
Call us today so we can help.
Auto Accident with an Uninsured Driver
A motor vehicle accident is always a stressful event. To make matters worse, even if the accident is someone else’s fault, that other driver may have little to no insurance to help you recover financially. If you planned right, your own insurance policy will be your saving grace; this portion of your auto policy known as Uninsured/Undersigned Motorist Coverage (“UM” Coverage) essentially details what your maximum recovery will be in such a situation.
Every Florida automobile insurance policy allows their insured to select UM Coverage, along with many options to decrease or increase the amount of the UM Coverage. You can also elect to “stack” your coverage with other vehicles on the same policy, further increasing the maximum payout to you for any injuries or loss.
So, take the time to understand your auto insurance policy and consider electing UM Coverage if you have not already done so. In the unfortunate event you are involved in an auto or motorcycle accident with an uninsured or underinsured motorist, Mackey Law Group’s experienced personal injury attorneys will be able to navigate your insurance documents and determine the maximum monetary award you are entitled to receive.
By: Catherine Mackey, Esq.
B. Kyle Stalnaker, Esq.