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Want to Destroy Your Car Accident Case – Don’t Tell Your Doctors About Prior Problems

Posted by Guy DiMartino | Sep 25, 2013 | 0 Comments

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.


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.

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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