Rear Ended

Episode Transcript

Speaker 1 (00:00):
It's nine thirty and it's at this point on Wednesday mornings.
For over a decade now, we have presented asked the
lawyer with Bruce el Shiner, Attorney for the Injured, largely
answer a question supplied by you. Maybe today your question
gets answered. We're about to find out if you'll please
help me. Welcome Bruce el Shiner, Attorney for the Injured.

Speaker 2 (00:19):
Good morning, Bruce, Hey, Good morning Todd.

Speaker 3 (00:22):
How are things with you today?

Speaker 2 (00:24):
Everything is great, things good, God happy. I'm happy every
day in my life.

Speaker 1 (00:29):
I was just going to say, you're always so positive
about things, and there was. We had some disturbing messages
early from people who are just unhappy with life in general.
So I'm glad to hear that you haven't been affected
by whatever that's going around. Now, let's see if we
can help somebody out and make them happier today. I've

(00:50):
got another problem in the email box that you're ideal
to take a look at.

Speaker 2 (00:54):
I'm ready, Todd.

Speaker 1 (00:55):
Let me read you the email. It says the following.
My father was rear ended by a distracted driver on
King's Highway near the Walmart entrance. He was taken by
ambulance with a neck injury and the concussion. The other
driver admitted fault and received a ticket, but their insurance
companies now saying his injury was pre existing due to arthritis.

(01:18):
My dad has never had an issue before. Is this
something a lawyer can fight. They'll try any trick in
the book, won't they.

Speaker 2 (01:26):
Well, that's exactly what I was going to say, Todd.
Do you know every week we hear another reason why
the insurance company's models that we never pay goes into effect.
So you know, once we're born and start to age,
our body has somewhat of a degenerative condition. So if

(01:53):
you if you look into the typical spine of a
fifty year old person, you're going to see degeneration. Sure, now,
that doesn't mean that when they get it bad enough
to get a concussion and taken by the EMS to
the hospital, that they weren't injured, or that the generation

(02:14):
wasn't greatly accelerated. So the answer is, again the insurance
company's model is we never pay. When someone has an
injury like that, they should immediately call an experienced personal
injury lawyer because that's a made up excuse and is
not going to hold water.

Speaker 3 (02:37):
Okay, if.

Speaker 1 (02:39):
This quote unquote pre existing condition happened to have been
a provable injury from a previous accident.

Speaker 3 (02:48):
Hypothetically, would that make a difference.

Speaker 2 (02:50):
Well, it wouldn't make a difference, Todd. But then a
jury would be asked to differentiate the injury that they
had had prior to the crash and the injury sustains
in the accident, right, and you know, only award that

(03:10):
person damage is from what he sustained.

Speaker 3 (03:14):
Right.

Speaker 2 (03:14):
But it doesn't mean that, hey, because you had a
prior injury, you can never recover again.

Speaker 1 (03:22):
Right, because it's something that was obviously made worse if
that you know, scenario played itself out. So there's a
recovery here is what I'm hearing from you.

Speaker 2 (03:32):
Absolutely, and okay, you know you can't you can't let
that Blowe need defense stand in the way of making
a reasonable recovery.

Speaker 1 (03:42):
That's a very good way of putting it, and hopefully
it provides some hope. I mean, here's somebody who's writing
on behalf of their father. I know they care very
much and they want to try to do the best
they can, So contacting a legal professional and doing that
very quickly is probably key here.

Speaker 2 (03:58):
Oh, that's what I would recommend.

Speaker 1 (04:00):
I mean, you want to put the insurance company on
notice right away in a situation like this, don't you.

Speaker 2 (04:04):
Yeah, And you want the insurance company to know that
you have someone noteworthy that's going to be in your
corner and they can't push you around.

Speaker 1 (04:13):
That's very important too. Well, Bruce, thank you once again.
I cannot think of a Wednesday in our history of
having these conversations that I haven't felt better at the
end of the conversation, So thank you once again.

Speaker 2 (04:25):
Well, it's my pleasure, Todd of looking forward to another
challenging question next Wednesday, and.

Speaker 3 (04:31):
We'll have one. I am sure you take care. Say
hi everybody for us.

Speaker 2 (04:35):
Thank you all right by Bie Bye, bye.

Speaker 3 (04:37):
Ladies and gentlemen.

Speaker 1 (04:38):
Bruce Elshiner, Attorney for the Injured, and our answer to
the question of the week. Now, if you would like
to submit a question for future consideration, you can certainly
do so. Just go to our website and put the
keyword Bruce in the search box. If you do have
an injury or a member if your family does, like
in this case, then please call directly call Port Charlotte office.

(05:01):
Here's the number nine four one seven four three, seven
seven seven seven, Carl Associates and Bruce el Shiner nine
four one seven four three seven seven seven seven, and
please remember to tell them that Todd Matthews sent you