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Florida Court Dismisses Personal Injury Case Because Plaintiff Concealed Prior Injury

If you have been injured in a car accident that was not your fault, you may be able to recover compensation for your losses. At the Law Offices of Robert Dixon, our seasoned Miami car accident attorneys understand the nuances of Florida personal injury law and can help you navigate the case in an effective and efficient manner.car accident

Being forthright and truthful when providing testimony is critical to every personal injury case. When a person fails to provide honest testimony, there can be serious consequences for the case. In a recent Florida case, the state appeals court dismissed a personal injury lawsuit after the plaintiff concealed a history of lower back injuries.

In this case, the plaintiff was riding in a car owned by his girlfriend when the vehicle was hit by a white pickup truck. After the accident, the truck fled the scene. The plaintiff filed a lawsuit after the crash, claiming that the girlfriend’s conduct behind the wheel was negligent and caused him to suffer permanent neck and lower back injuries.

During discovery, the plaintiff disclosed that he had sustained a lower back injury in the early 1980s but testified that it had healed fully. In fact, he stated that he had not had any trouble with his lower back since the injury had healed approximately 30 years ago. He also maintained that he had not seen a physician for the issue since 2000.

However, a closer look at the plaintiff’s medical records revealed that he had injured his lower back a few months prior to the accident when he slipped on a stepladder. In addition, his medical records showed that he had stated having a “chronic” history of comparable occurrences as well as a herniated disc. Lastly, at an emergency room visit, the plaintiff said his back pain had begun a “long time ago.”

Based on these discrepancies, the defendant moved to dismiss the cause for fraud. At the hearing, the plaintiff claimed that his conflicting deposition testimony was not due to an intent to mislead; instead, it was caused by poor memory coupled with mental health problems, heavy drinking, and various medications.

The trial court granted the defendant’s motion to dismiss, reasoning that the plaintiff’s deposition testimony was blatantly false and that he fraudulently concealed his previous back injuries. The appeals court upheld the trial court’s decision to dismiss the case, reasoning that the dismissal order contained sufficient factual findings to establish fraud, and it was not an error for the trial court to dismiss the lawsuit with prejudice based on fraud.

If you or someone close to you has been injured in a car accident caused by someone else’s negligence, you may be entitled to compensation for your harm. At the Law Offices of Robert Dixon, our Miami car accident attorneys are committed to protecting your rights at every step of the way. We understand that dealing with a car accident can be stressful, which is why you can expect the utmost compassion from our entire team. For a free case evaluation, feel free to call us at 1-877-499-HURT (4878) or contact us online.

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Pedestrian Accidents Involving Children in Florida, South Florida Injury Lawyer Blawg, July 19, 2018

City of Lauderhill Offers Parents $475,000 in Personal Injury Case, South Florida Injury Lawyer Blawg, July 19, 2018

Traveling Fairs and Carnival Injuries in Florida, South Florida Injury Lawyer Blawg, July 19, 2018

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