Lie to the court and your case’s dismissed

      A South Florida woman was injured in a minor accident and subsequently underwent an operation.  The issue was whether the surgery resulted from the minor accident.  Under oath, she failed to disclose 70 prior visits to a chiropractor because she “forgot.” Confronted with records, she still denied a prior injury.
     The judge dismissed the case as a fraud upon the court and on appeal, the judge was upheld.  The rule is where fabrications undermine the integrity of a party’s entire case, a dismissal for fraud is appropriate.
     Comment: We advise our clients that it is not only important to tell the truth but also to disclose prior injuries which your accident may have aggravated.  Florida law recognizes claims for the aggravation of a pre-existing condition.
     So rather than lie and cover up a pre-existing condition, better to carefully research the client’s pre-existing condition to determine the client’s pre-accident baseline, and compare that with the client’s condition post-accident.  This way, counsel may turn a potential liability in a case into an asset.

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