In the aftermath of a Florida personal injury related accident, filing a claim for compensation is crucial, especially if you have been severely injured. However, the evidence of injury must be clear, as well as the full extent of the damage suffered by the accident victim. For example, if a plaintiff in a case is unable to prove the extent of their injuries and convince the jury of the damage, they may be prevented from receiving full compensation for their damages related to the pain and suffering they experienced.
In a recent Florida appellate court opinion, the plaintiff’s car was struck by the defendant at a low speed while the two vehicles were exiting the highway. The plaintiff subsequently sued the defendant, claiming that the accident caused her to suffer a permanent back injury. The jury found that the defendant had indeed caused the plaintiff’s injury, but that the plaintiff did not suffer a permanent injury and thus should not receive pain and suffering damages. The plaintiff moved for a new trial, claiming that there were several instances of trial court error during the proceedings.
On appeal, the plaintiff argued that the trial court erred in allowing the defendant to introduce evidence of a referral relationship between the plaintiff’s former attorney and her chiropractor as a violation of attorney-client privilege. During opening statements, the defendant’s counsel suggested that the plaintiff’s former attorney referred her to her chiropractor, which contradicted the plaintiff’s previous assertion that she had been referred by an emergency room doctor.