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There Is No Damages to Either Car in A Car Accident in Florida – Does This Impact the Value of The Injury Case?

In Florida, a plaintiff in a car accident must prove liability (fault), damages AND causation.  When there is no damage to either car in an accident, the suggestion by the defense is that there was not enough of an “impact” to cause ANY damage or ANY injury to the plaintiff.  The defense likely will blow up pictures of the cars and present that to the jury with such an argument.  While this sort of defense can be rebutted, it may not be so easy.  There is a lot of other evidence beside the physical damage to the cars.  If there are witnesses that saw the crash and testified that the at fault car hit the other car going 50 miles per hour but for some odd reason no damage to the cars resulted, then possibly this presumption could be rebutted.  On the other hand, if the accident took place in a fast food drive through and the video shows the cars hitting each other going 3 or 5 miles per hour, then it would be very hard to rebut the argument that no injury should have resulted.  Every case is a case by case basis of course.

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