Court Allows Prior Insurance Claims in Automobile Accident Injury Trial

Karl Truman

Attorney
(866) 735-1102 Ext 315

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The Kentucky Court of Appeals has said that the judge at trial properly allowed records containing the plaintiff's prior workers' compensation claims and insurance payments into evidence. The Court held that the plaintiff denied information that was contained in the records.

The Court also exclueded testimony of Plaintiff's treating physician as being speculative. The Physician stated that in his opinion, plaintiff "might possibly require" neck and/or shoulder surgery. The physician did not present his opinion in terms of probability or certainty, but as a possibility.

I agree with the Court excluding the physician testimony. I often have clients as about "what if" they need future treatment and I have to tell them the court will not allow "what if".

The other issue I don't agree with, but of course, I don't have the benefit of the trial testimony. Typically, prior claims would not have any relevant value in a personal injury trial. The only issue that would be relevant would be prior injuries that are relevant to the injury in the case. For example, in a back claim, if someone broke their leg before, that has nothing to do with an injured back, so it should not be admissible.

Karl Truman