Will an Earlier Lawsuit Hurt My Current Personal Injury Claim?
Some of our clients who are attempting to pursue compensation through the court system for injuries sustained as a result of someone else’s negligence express concern over their likelihood of success due to a lawsuit in their past. Specifically, individuals who find themselves in this situation often worry that defense attorneys will argue that their legal history will be presented as proof that they file lawsuits frivolously or are litigious in general. It is important, however, in these cases, for claimants to remember that if their injuries were the result of someone else’s negligence, they will be entitled to compensation for damages. This is true regardless of whether the plaintiff was ever involved in a previous lawsuit.
While it is true that some defense lawyers try to insinuate that the existence of previous lawsuits lessens the value of a current claim, this should not deter injured parties from pursuing their rights, so if you were injured in an accident through no fault of your own, it is important to speak with an experienced Florida personal injury lawyer who can help guide you through the legal process.
Pursuing a Second Personal Injury Claim
Having been involved in an accident on a prior occasion is not a reason to refrain from filing a claim after a current accident, nor is it an indication that a lawsuit is somehow worth less than it would be for someone without a history of previous lawsuits. Instead, the merits of an existing lawsuit will depend on the circumstances of the case. Ultimately, if someone else’s carelessness was the cause of a person’s suffering, he or she has the right to seek compensation to the maximum extent permitted under Florida law.
Minimizing the Effect of a Previous Lawsuit on a Current Claim
In some cases, it is best for a plaintiff who has filed a legal claim in the past to raise the issue rather than letting the defense introduce it first. This allows the injured party to frame the matter for a jury, which can help avoid the creation of a false narrative in which a lawsuit-happy plaintiff is unfairly seeking damages for losses that he or she didn’t sustain. Instead, by mounting a strong offense, plaintiffs can demonstrate that they are simply trying to obtain compensation for injuries and damages caused by a defendant’s negligence.
Experienced Personal Injury Lawyers
If you were recently involved in an accident through no fault of your own and you sustained a serious injury or your damages exceeded the terms of your insurance policy, you could be entitled to compensation through a personal injury lawsuit. This is true regardless of whether it is a person’s first or second lawsuit, so if you have been involved in litigation in the past and have questions about the effect of the earlier claim on your current lawsuit, please don’t hesitate to reach out to the dedicated Fort Lauderdale personal injury lawyers at Boone & Davis today for advice. You can set up a free consultation by calling our office at 954-566-9919.