What Are the Main Criteria for a Personal Injury Case in Florida?

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The criteria for personal injury cases in Florida can be reduced to basically two factors: liability and damages. Depending upon the type of accident in which you were involved, there are a number of questions that need to be addressed before a full evaluation of your case can be conducted.

As it pertains to liability, the question most commonly asked is “who is legally responsible?“ In motor vehicle accidents, the most common type of accident is a “hit in the rear”. In these types of accidents, it is almost always the case that the vehicle striking the vehicle in the rear is at fault. 

Other variations of motor vehicle accidents are “left turn in front“ cases, broadside hits, T-bone accidents and sideswipes. Each case has its own differing tests in terms of liability.

In slip and fall cases, liability is often much more difficult to decipher. Slip and fall cases often require that the landowner had “notice” of the condition that caused the injured party to slip and fall. Proving notice is not easy and requires investigation, photographs and witness testimony.

For these reasons, you should consult with and retain the Law Office of Scott A. Ferris, the finest Coral Gables personal injury attorney in practice to discuss your case, since liability is almost always contested and is the key to a successful personal injury case.

Navigating the difficult questions that typically surround liability issues in personal injury cases should not be under stated; if you are able to have liability resolved in your favor in such matters, the only issue that remains is one of damages.

As it pertains to damages, neck and back injuries are most common when it comes to personal injury motor vehicle accident cases. These injuries occur in low velocity impact cases. Often, the cervical and lumbar spine have a bulging and herniated discs which causes pain, numbness and tingling and extend into the upper and lower extremities.

This is only one type of damages that are commonly seen in motor vehicle accident cases. Other types of injuries are death, dismemberment, fracture, loss of a fetus, permanent disfigurement and permanent or consequential loss of use of a body function or organ.

In order to have a successful personal injury case, you need to prove liability and damages. In essence, you need to prove that the accident itself caused the injuries you are claiming. Beyond that, you will need to prove that the injuries had an impact on your life which prevented you from pursuing your employment, will require future medical treatment and/or prevent you from engaging in your activities of daily living.

The linchpin question that most attorneys ask is “what can’t you do now that you used to be able to do?“

For the reasons set forth above, it is important that you consult with and retain the a Coral Gables personal injury attorney if you have been involved in a motor vehicle accident.

Contact the Law Office of Scott A. Ferris today so that you may take the first step toward recovering from your injuries.