The 3 Essential Ingredients in a Personal Injury Case
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That Your Attorney Probably Isn’t Telling You About
In the 23 years I have been practicing law, I have seen all types of injury claims – head on car crashes, slip and fall accidents and medical malpractice, just to name a few. Without exception, each of these claims is considered from the standpoint of whether it has all of the three essential ingredients that can make or break whether the case is worth pursuing. A lot of firms will just tell you NO and leave it at that, but here at PERENICH The Law Firm we like to give a unprecedented level of transparency. If you didn’t come to our firm and no one ever told you the ACTUAL reason/s why your case was turned down, I can guarantee you it was because of one of the three reasons below.
Liability
Just because a person is injured doesn’t mean that another is at fault. Recently, a prospective client met with me to discuss whether he had a case. He had been driving at a lawful speed on a street where the road makes a sharp left turn. Instead of following the road, the prospective client had continued straight colliding with a utility pole situated ten or twelve feet from the street. The driver was unable to explain why he did not turn with the curve. Despite that he had severe injuries resulting from the “car versus pole” accident, an investigation revealed that the cause of the incident was just driver error. In short, he had no claim and he left our meeting knowing exactly why he didn’t.
Damages
Whether there are actual damages is a question that comes up more frequently than you might expect. In Florida, there is a permanent injury threshold set forth in Section 627.737, Florida Statutes. Unless a claimant can prove to a jury that she or he has suffered (a) significant and permanent loss of an important bodily function, (b) permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement, (c) significant and permanent scarring or disfigurement or (d) death, the jury will award a $0.00 verdict.
The question of damages also comes up frequently in the context of medical malpractice claims. How many of us have had a positive experience at a hospital? Only a couple years ago, I took my child to the ER and waited for more than three hours before seeing a doctor. Years before, I went to the hospital and waited over five hours. At my private doctor’s office, I have waited for extended periods only to see a nurse practitioner. I have heard similar complaints from clients. Is the time and aggravation compensable? No. It’s not considered “damages.” The laws are stacked against medical malpractice claimants. Unless there is a serious injury, it may be unwise to pursue such a case. Sometimes these things aren’t so cut and dried either. If you ever have any questions please give us a call so we can give you a free honest answer.
In Florida, bodily injury liability insurance is not required. In fact, a recent statistic indicates that almost one of every fourth driver in Florida does not bodily injury insurance. This type of insurance provides a pocket against which an injured person can make a financial recovery for the physical as well as financial consequences of a car accident. If the person causing the accident does not have insurance, it can be extremely difficult to satisfy a claim for injuries. An injured person could sue the other driver. However, even if she wins the case, it could become impossible to collect on a judgment where there is no insurance coverage. All the different types of insurance can be extremely confusing too. If you ever have any questions please just give us a call, your peace of mind is 100% worth our time.
At PERENICH The Law Firm, we encourage our friends and clients to purchase bodily injury as well as uninsured motorist insurance coverage. Should that person ever find herself injured in a car accident, she will be glad there is a pocket to make a claim against.
If you or a loved one has been injured in a car accident, please give us a call. We provide a free consultation and we don’t charge fees unless we make a recovery for the client. We can help you explore whether you have the 3 essential ingredients in a personal injury case.