Does not work that way -- talk to your personal injury attorney about this.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
This would be up to your treating physician to determine whether the 2nd accident caused an aggravation of your 1st accident's injuries. There are some variables. Did the 2nd accident cause a NEW or DIFFERENT injury? Did the 2nd accident only aggravate the prior injury and caused no new injury?
Normally, the physician will not add the 2 impairments to get to a total. The physician will try to determine what impairment was caused by each accident.
If you have an attorney then you should speak to him/her. If you don't, then you should consult an attorney (usually free). They would need to see the various doctors' charts to clarify your injury issues.
While FL does recognize aggravation of existing injury or condition as a bona fide claim, I'm not sure that's where you are going with this.
DISCLAIMER: We do not have an attorney-client relationship. Only those persons who have a signed written fee agreement and authority to represent with me is an actual client. This response does not form an attorney-client relationship, nor is it intended to be anything other than my educated opinion or viewpoint. It should not be relied upon as legal advice. I recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. Do not act on any information in this response without seeking legal advice from an attorney in your area.
They cannot be added together in the new accident. What would most likely happen is that you will received a new impairment rating for your current case. Then, they (the defense) will subtract your old impairment rating so give the actual damage the current case caused. (ex. Prior case 5% impairment. Current case 10% impairment. Impairment due to current accident 10% - 5% = 5%). This could be important because in Florida, the defense has the burden to prove the % difference in a preexisting injury. As always, I recommend speaking to your attorney or an experienced personal injury lawyer.
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