Today’s post pertains to car accidents as discussed by the accident lawyer in Boca Raton (injury attorney Delray Beach, accident lawyer Miramar, injury lawyer Miami Lakes, accident attorney Pompano).
As we have discussed, there are three main elements of a car accident case in Florida. First, we have to prove fault; then damages; then causation. All three basic elements must be proven. Here, the liability appears to be against the other vehicle, as it failed to stop at the stop sign, causing the accident. The person has pain in the neck and back, which would likely be some form of damages. There will need to be some proof of causation, i.e. that the accident caused the neck and back pain to support the case. Further, under Florida law, in such cases, a showing of “permanent injury within a reasonable degree of medical probability” must also be shown to be entitled to non-economic damages like pain and suffering. We call this the “permanent injury threshold.” Thus, for this to be a case there generally must be finding, in Florida, that the injured person sustained a permanent injury to be entitled to those damages.
The answer the the question is that if all three basic elements are proven and there is a showing of permanent injuries, then generally there would be case in such circumstances.
Drucker Law Offices helps its clients prove their injury case, including all car accident, slip and fall cases and essentially any injury case where you are injured as a result of the fault of another person or business establishment. If you have been in an accident and would like a free consultation, please call 561-483-9199; or 954-755-2120; or 305-981-1561. The law firm only charges fees and costs if we recover money for you. We have our principal office in Boca Raton and satellite offices in Miami, Coral Springs, Boynton Beach and West Palm Beach.
It is important to note that every case is unique and should be judged based on the specific facts of the case. The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as a minor difference in the facts of the case could change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states or even another country could vary from Florida.
