Pain and suffering damages are awardable in a Florida car accident case if you received a permanent injury from the accident. We take your doctors sworn deposition during litigation and ask whether the doctor has an opinion that you received a permanent injury within a reasonable degree of medical probability. If the doctor says yes then the jury can award you all of your damages. If the doctor says no then your damages are limited to damages for out of pocket expenses, past and future medical expense, loss of income and loss of ability to earn and vehicle damage and loss of use of the vehicle during period of replacement or repair.
There are three elements we must find in a person's case before we can accept it. First there must be liability; the second is a permanent injury; and third is insurance coverage to pay your damages and our attorney fee and costs. We evaluate your case in light of these three. Sometimes we cannot determine if a case element is missing from the initial personal injury consultation so we investigate further before accepting or rejecting an injury case
A wrongful death is an accidental death that occurs when the negligent conduct of a person or corporation causes another person to experience personal injury which leads to premature death. If you suspect the premature death of your loved one was caused by negligence contact us. Learn more.
The Florida Supreme Court estimates a law suit should take no more than 18 months from filing of the complaint to the verdict. Realistically though, some cases settle within 12 months and some last several years. It all depends upon discovery and court scheduling. Our preference is to keep it under two years. If we can settle it for a fair amount and the client agrees then it takes much less time. We note however, these hasty settlements are almost never fair to you.
The jury trial is the finale unless there is an appeal. The jury has 6 members who decide how much money to award you for your injury. This occurs after the jury observes the formal introduction of your evidence into your case and the defense raised by the defendant. When the jury decides the case they fill out a verdict form. The jury verdict is read out loud and if they find for you their duty is done. After the jury is dismissed the judge will make off-sets to award amount based upon the percentage of fault if any the jury assigned to you. The judge also reduces the jury award if insurance paid a portion of your medical bills.
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