Must a Fort Lauderdale Accident Victim Prove Permanent Injury?

Recently, an appellate court in Florida decided the case of Corbette vs. Wilson. The Wilson’s commenced their lawsuit against Corbette seeking to recover damages for a 2007 accident, including a claim for “permanent traumatic brain injury and post traumatic stress disorder (PTSD).” The Defendant admitted its fault, but the two-week trial was consumed by the issues of causation, permanency and damages. The jury returned a verdict of $15,000.00 in past medical expense for Ms. Wilson and $10,000.00 for Mr. Wilson’s loss of consortium claim.

The jury found against the Wilson’s on permanency and awarded zero for pain and suffering and future losses. The Wilson’s claimed on Appeal that they presented unrebutted expert testimony on permanency and that they were therefore entitled to a finding of permanency as a matter of law. The case exemplifies the pivotal issue in many automobile accident cases, brought pursuant to Chapter 627 of the Florida Statutes under the Florida Automobile Reparations Reform Act. That act places the burden upon an injury victim to provide sufficient evidence for the court to weigh that the plaintiff’s injuries are “of a permanent and continuing nature within a reasonably degree of medical probability”.

Typically, in almost every Fort Lauderdale automobile accident case there is a significant contest and conflict between the experts for both sides of the case on this issue – and without a finding to the victims favor, a verdict for the defendant will be entered.

It is therefore essential to retain the right knowledgeable and skilled Fort Lauderdale Injury Lawyer that will properly evaluate if you have a good enough case to take to court. For further information regarding this, please contact 1-877-529-0444 or by e-mail at info@www.schulaw.com