Florida car accident

According to an article in Tampa Florida’s Sun Coast newspaper, 25 year-old Jennifer Wohlgemuth suffered severe brain injuries in 2005 when a police cruiser responding to a high speed chase failed to stop at a red light and broadsided Wohlgemuth’s car. The accident left her severely brain damaged and it is expected that she will likely have the mentality of a 10 year-old and need round the clock care for the rest of her life. She filed a lawsuit and a jury awarded her $9.1 million in damages. Most of the award will be used to care for her for the rest of her life.

What damages might you be entitled to?

In Florida personal injury cases, the burden is by the greater weight of the evidence to show that the defendant was negligent; in other words, that they either did something that they shouldn’t have done (or they didn’t do something that they should have done) and that the victim was injured because of that negligence.

There are generally two kinds of injuries in Florida car accidents – economic and non-economic. Economic damages are awarded for things like lost wages and medical bills. Non-economic damages comprise seven different categories including pain and suffering, mental anguish, loss of the enjoyment of life, inconvenience, disability, physical impairment and aggravation of a preexisting condition.

However, in the State of Florida, you are not entitled to non-economic damages unless you have suffered a permanent injury – which means that you’ve gone through the healing process, you’ve gotten as good as you’re going to get and you’re still not back to where you were. That only applies in motor vehicle cases and is called a permanency requirement.

While every case is different, an experienced Florida car accident attorney will be able to evaluate your situation and discuss your options.