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Do I have a Personal Injury Case?

Written by: Jeffrey Michael Byrd

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Injury Damages Personal Injury

Posted almost 3 years ago. Applies to Florida, 1 helpful vote, 0 comments

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Do I Have a Case?

There are two major aspects to every personal injury case, LIABILITY (legal fault) and DAMAGES (injuries and losses measured by money). You are entitled to damages if the other party, the “Defendant” caused or contributed to the incident that resulted in your injuries. In some cases, liability of the Defendant is not disputed. However, many times the Defendant may deny liability altogether or claim that you share in the responsibility for your injury and losses. By law, the injured party (or “Plaintiff”) must prove both: 1) liability and 2) the amount of damages. This is called the Plaintiff’s “burden of proof”.

Liability

It may be difficult for the injured party to prove his case when: 1) he has no witnesses; 2) when the other party denies responsibility; 3) when the other party blames the injured party or another; or 4) some combination of the above. An example of a case which may be difficult to prove is an intersection collision, when each party claims to have the right of way. If there are no independent witnesses, the insurance adjuster may simply side with his own client, dispute liability and refuse settlement of your claim. Another example is a painful fall on a slippery floor at a business establishment. To hold the business legally responsible, the injured party must prove that the business either created the slippery condition or allowed it to remain on the floor for too long. In this case, the Plaintiff could carry his burden of proof by proving that another customer dropped something on the floor, and the business allowed it to remain on the floor for an unreasonable period.

Damages

The second major aspect of a personal injury case is a claim for the money value of your injuries and your resulting losses, called “DAMAGES”. In a personal injury case, the injured party is entitled to recover from the other party his out-of-pocket losses which are called "special damages." Special damages include loss of earnings and medical expenses, both past and future. The amount of past special damages is reasonably objective because it is easy to measure and verify with bills, receipts and records. Future losses have to be reasonably estimated based upon past experiences. The injured party is also entitled to recover damages for mental and physical pain and suffering, but unlike special damages, these types of damages are subjective because they are difficult to verify and measure. Each person's injury has a unique or distinctive impact on that person's life depending on the type of injury and the effect that the injury has on that person.

Special Laws in Florida Motor Vehicle Accidents

Additionally, for most automobile accidents that occur in Florida, to collect damages for mental and physical pain and suffering, the law requires that the injured party sustained a “permanent” injury. If the injured party does not suffer a permanent injury, he remains entitled to his out of pocket losses (special damages). There are some exceptions to Florida’s permanent injury requirement. If your case falls into one of the exceptions, your attorney will discuss this with you.