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.
The appellate court ultimately sided with the defendant. The court stated that the plaintiff opened the door for the defendant to challenge the credibility of this point, and thus attorney-client privilege had not been violated. Because the defendant had properly brought forth the evidence of the referral relationship, the appellate court ruled that the lower court did not abuse its discretion in allowing the defendant to bring forth this evidence.
In Florida, personal injury cases can be complicated. Navigating various state laws, rules, and legal jargon can often feel overwhelming and challenging in the wake of an accident. However, filing a claim for compensation is crucial, especially if you have suffered a severe injury and need help paying for medical costs and other expenses associated with the incident. Holding the other party accountable through a Florida personal injury lawsuit is possible; however, the process can be an arduous one. This is why accident victims are encouraged to contact a seasoned lawyer who understands the nuances of the law and can advocate on their behalf without any unnecessary complications.
Call a Florida Personal Injury Attorney
If you or someone you know has been injured in a Florida car accident, you may be entitled to financial compensation. If you are thinking of filing a claim, contact Frankl Kominsky, Personal Injury Lawyers, for help. In an increasingly complex legal system, ensuring that claims are correctly filed, and compensation is not denied based on a technicality is crucial. We pride ourselves on our experienced, exceptional care for our clients, and our commitment to advocating for you and your loved ones. Call us today at 561-354-6184 to schedule a free consultation with one of our team members.