Today’s blog post deals with the topic of evidence and proof from the accident lawyer in Boca Raton (injury attorney North Lauderdale, accident attorney South Miami, personal injury attorney West Palm Beach).
As we have spoken about on other blog posts, in a car accident there is a “permanent injury” threshold; in other words, a jury must believe the injured person sustained a permanent injury within a reasonable degree of medical probability in order to award pain and suffering type of damages. The general school of thought is that if the car shows little or no damage to it that a jury is less likely to find “permanency” and thus not award pain and suffering. While this is just a theory and any jury can do what it wants based on the evidence presented, it is a theory that many people in the industry, particularly insurance companies, believe to be true. In fact, insurance companies have special divisions on what it terms “minor impact” cases and this is based on the pictures of the vehicles.
Conversely, if there is a lot of damage to the cars and the pictures show a lot of damage such that someone looking at them would be impress, the general school of thought is that a jury is more likely, all things equal, to find permanency in such cases. Thus, the pictures are important in a car accident case but again these are just legal theories and every case is different and must be judged on the facts.
Our law firm does NOT believe that solely because there is not a lot of damage to the vehicles involved in an accident, there cannot be injury or there cannot be “permanent injury.” However, we do recognize that this is a hurdle that otherwise would not be present in a case where there are more damages to the vehicles involved.
Have you been in an accident and were injured where you believe that it is someone else’s fault? If there is little damage or a lot of damage to the vehicles and you were injured, the Drucker Law Offices offers a free consultation for accident case s at (561) 483-9199 for Palm Beach County (Boca Raton Main office); (954) 755-2120 in Broward County (Coral Springs satellite office); or (305) 981-1561 in Miami-Dade County (Miami satellite office).
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.
