Do You Have a “Permanent Injury”?

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Our skilled Florida personal injury lawyers have been handling personal injury claims, in Florida and many other states, for decades. Our Tampa attorneys have become well-recognized in  personal injury law, and have earned a stellar reputation, for their experience and fierce dedication. We are committed to bringing fairness and success to all of our Florida personal injury law clients. Before speaking with one of our Florida personal injury lawyers, you may want to consider the following to assess further whether you have a case.

Under Florida’s “no-fault” law, a person injured in an automobile accident must have sustained a permanent injury in order to pursue a Florida personal injury case against a negligent party. If you have not sustained such a permanent injury, you cannot recover, even if the negligence of another person or business has caused your accident.

So what is a permanent injury? The standard under the law is a permanent injury of any kind or degree. No “percentages of disability” or “permanent impairment” — as must be proved in worker compensation cases — are needed in personal injury cases under Florida’s no-fault law. In fact, in many cases, a plaintiff is able to demonstrate that he or she has suffered a permanent injury even though that injury is not disabling and does not permanently impair the plaintiff.

In Johnson v. Phillips, Florida’s Second District Court of Appeals made it clear that a permanent injury may be proved through continued subjective complaints of pain resulting from an initial organic injury (such as a brain concussion or injury to tissue), even where the initial organic injury has since healed.

The Florida personal injury attorneys at Wagner, McLaughlin & Whittemore can help you determine if you have suffered a “permanent injury” under Florida law. Contact one of our experienced Tampa personal injury attorneys for a free case evaluation today.

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