It is important to understand that in a car accident in Florida there are certain proof requirements to obtain pain and suffering. One requirement is that you prove a permanent injury (or death, or significant scarring, or permanent disfigurement) caused from the accident. We call this the “permanent injury threshold,” as you must breach the threshold prior to a jury awarding pain and suffering. The way this works in Florida courts is that, if the issue is challenged, the jury is asked via a yes or no question whether the client sustained a permanent injury. If yes, they get to answer the next question which is how much to award for pain and suffering but if no then they are not to answer that next question about pain and suffering. Thus, the more “proof” that you can obtain following an accident will be helpful in an attempt to prove a permanent injury. Examples of diagnostic tests are: x-rays, MRIs, CT Scans and so forth. These are objective in that they can show an injury outside of the patient simply complaining. Thus, if you complain about pain in your arm a jury can believe you or not but if you complain about your arm, have an x-ray which shows a fracture, then it is a much stronger case for the jury to believe the injury and to believe that it is permanent. With neck and back injuries, x-rays will show many things but more commonly later in a case when someone has continued complaints, particularly if there are certain symptoms like radiating pain down one’s arms or down one’s legs, then MRI tests are common. Similarly, MRIs are also common in extremity injuries like knee injuries and shoulder injuries, for example. Again, having these tests help prove pain, help prove injury and help the doctor show permanent injuries which are necessary in car accidents cases.
Every case is different and unique and should be judged based on its specific facts. The legal discussion in this blog is intended to be general and should not to be construed as specific advice for a case or more importantly for your case. The goal of the blog is to give some information about a topic and to have you call the law firm for specific advise, if I were to take your case. A minor difference in the facts of the case in a fact pattern such as above could completely change the result. Also, this blog is, as the web site suggests, based on the laws of Florida and the laws of any other states or country could vary drastically from Florida.
