Legal Question in Personal Injury in Florida

"victim" is involved in mild rear end auto collision resulting in 3 months of lower back pain. Offending driver is listed at fault on report. Victim has gone to physical therapy, back adjustments and massage at a physical rehab office for 3 months. X rays come out negative, and back has gotten better over 3 months time but the pain was very real for 3 months and although mostly gone at month #4, here's the question: ASIDE from any work time lost, or rehab expenses, is victim entitled to additional monies for the 3 months of pain itself? or is that not typically the case since the back injury is "healed" now and it is not necessarily an ongoing pain...


Asked on 1/12/12, 1:12 pm

4 Answers from Attorneys

Michael Tobin Michael M. Tobin, P.A.

Florida No Fault Law requires some degree of permanent injury or scarring in order to present a liability case for pain and suffering.

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Answered on 1/12/12, 1:23 pm
David Slater David P. Slater, Esq.

Unless you have a permanent injury, you would not qualify.

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Answered on 1/12/12, 2:20 pm
Jason Neufeld Neufeld, Kleinberg & Pinkiert, PA, a personal-injury and elder law firm

The other attorneys are correct: Florida has a permanent-injury threshold. A doctor or chiropractor would have to assign you an impairment rating in order for you to obtain any kind of pain & suffering recovery.

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Answered on 1/12/12, 2:28 pm
Ruth Elizabeth Johnson Law Office of Ruth E. Johnson

A car accident lawyer may be able to assist in explaining the law as indicated by the lawyers on this forum. It is always best to speak directly with an accident attorney for an explanation of the law

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Answered on 1/16/12, 6:36 pm


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