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In a Florida rear end collision, do I automatically win my personal injury case? In Florida, there are various traffic, rules, and regulations that apply to traffic accidents. See Florida Traffic Laws – Frequently Asked Questions. Florida law presumes that a driver, who rear ends another vehicle, is at fault for the accident. There are some limited exceptions to these general laws; however, in most cases, the driver, who rear ends another vehicle, is at fault for the accident. Does this mean that the victim automatically wins his or her injury case? The answer to this relatively simple question is not that simple. Florida law requires that a person suffer a permanent injury or permanent scarring to be entitled to pain and suffering type of damages when injured while occupying a motor vehicle in an automobile accidents. There is no such requirement if the injury victim is a bicyclist or a pedestrian. In a rear end accident, the at fault driver will certainly be entitled the compensation for medical bills that are reasonably related to the automobile accident. Beyond the economic damages, there must be a showing or proof that the injury victim suffered a permanent injury or scarring to be entitled to what is called non-economic damages.
The pursuit of an injury case or claim can be quite complex. Insurance companies do not easily hand out money for any case. In fact, even when an injury victim has medical reports showing a permanent injury, the insurance companies will challenge these findings and require the filing of a lawsuit and even a trial before paying out a fair value for the injury case. Because of the complexities and frequent challenges to cases, it is important for the injury victim to contact a Florida Personal Injury Attorney for advice, consultation, and legal representation.
The attorneys at Wood, Atter & Wolf, P.A. have represented injury victims in automobile accidents since 1957. Dealing with the aftermath of a personal injury case can be quite stressful for the injury victim and the family. At these times, it is helpful to have an legal advocate on your side to help you with the many issues that arise including medical bills, medical treatment, pain, suffering, loss of enjoyment of life, and other issues. At Wood, Atter & Wolf, P.A., the attorneys will be On Your Side – At Your Side.