Legal Question in Personal Injury in Florida

Personal injury

Recently (aug 03), I was in an automobile accident. I suffered a sprain/strain shoulder injury. I decided not to hire an attorney, because I had no broken bones. I went to physical therapy (and took my medication) for two months, before I decided the burden of attending these appointments were affecting my employmnent. I am trying to resolve my medical bills, time away from work and other issues. I was told by the insurance company my injuiry does not meet the threshold for awarding any compensation for pain/suffering I experienced. Is this a true?...Please explain...

Also, what entitlements should I expect from the automobile accident?

...or should I consider hiring an attorney, before I settle my claim.


Asked on 12/08/03, 10:12 am

2 Answers from Attorneys

Re: Personal injury

You have been caught in a common problem of the unrepresented: that of proving permanent injury. Permanent injury is not what the term commonly means-it means that a doctor must find the injury 'permnanent' and related to the accident. He must so state this in a written report.

Most condidtions such as pain are considered permanent but the doctor must make this finding. That is why one needs to use doctors who work in the personal injury field. That is why a lawyer helps you avoid the common pitfalls of being unrepresented. Hope this helps.

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Answered on 12/10/03, 7:29 pm
Michael Tobin Michael M. Tobin, P.A.

Re: Personal injury

Florida No-Fault Law requires a permanent injury or permanent scarring or disfigurement as a threshold to bringing a bodily injury claim. You may want to consult with an attorney to look over your medical treatment to determine if your injuries qualify.

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Answered on 12/08/03, 2:48 pm


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