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Leesburg FL Car Accident Lawyer | Another jury doesn’t like car accident case

Posted by Guy DiMartino | Nov 04, 2013 | 0 Comments

Florida juries are being very tough on folks alleging injury in car accident cases. 

I have observed a recent trend where juries are not awarding folks anything in car accident cases where the defendant admits fault for the accident.

JP Morgan

Many folks involved in car accidents think they are entitled to money because they were not at fault for the accident. Fault or negligence is only one element that the injured person has to prove in order to be compensated in a car accident.  The injured person also has to show that she was injured and that the accident, and not some past medical issue, caused the need for medical treatment.

In the recent car accident case of Hernandez v. Gonzalez, the jury awarded ZERO even though the defendants admitted that they were at fault for the crash.  The accident was a rear-end collision. The plaintiffs were brought to the hospital by ambulance. They also received medical treatment for months after the crash. In the defense against one plaintiff, the insurance company argued that she received medical care for a pre-existing condition.  In the defense against the other plaintiff, the defense called a witness that testified the plaintiff was giggling at the hospital. The insurance company lawyer also called a doctor who testified that they plaintiffs' injuries were not caused by the accident.

What is strange about this case is that the jury didn't even give the plaintiffs a verdict for the EMS ride to the hospital and the charges incurred at the hospital.  What this tells me is that the jury had a problem with the plaintiffs' credibility.

Unless a person is severely injured in a car crash, these cases turn on the credibility of the jury.  When I see verdicts like this, I think the jury just didn't find the plaintiffs credible.

What are your thoughts about this? Do you think the jury should have at least given the plaintiffs a judgment for their hospital and ambulance bills?

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+


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