In a personal injury lawsuit, the trier of facts determines the amount of damages. Thus, it is the job of the jury, not the judge, to make a factual finding on damages. However, determining whether a particular method is a proper method for computing damages is a question of law for the judge to decide and not a jury. Additionally, the judge, generally speaking, says what facts, and circumstances are evidence of damages to be considered by a jury.
In personal injury lawsuits, it is also a question of fact for the jury as to whether the plaintiff was injured, and it is also the job of the jury to decide as to the nature and extent of the injury and the amount of damages to be awarded to the victim.
A good piece of advice if you have been injured in a car accident or slip and fall in Florida, is to speak with an experienced personal injury lawyer to learn about your rights, including the type of evidence needed to prevail with a claim. The sooner you act the better, because there are time limits in Florida to file a lawsuit (statute of limitations).
|What is Pain and Suffering under Florida Law?
The law recognizes two kinds of “pain and suffering” claims: mental and physical. Learn about the threshold requirements and how to collect damages for future pain and suffering.
|Lost Wage Claims in Florida Injury Cases: What You Need to Know
Educate yourself on collecting lost wages related to accident and injury claims in the State of Florida. We discuss issues related to collecting lost wage under PIP and how a jury calculates lost wage damages.
|Do You Still Have An Injury Claim If You Wait To See A Doctor Or If You Don’t File A Timely Incident Report After A Car Accident Or Other Personal Injury?
You should always seek immediate medical attention when you are injured in a car accident or when you have a slip and fall in Florida. Educating the insurance adjuster can help overcome any bias they may have against your claim.
|What Kind of Florida Personal Injury Money Award Can You Expect To Receive if You Are Injured? Economic vs Non-Economic Damages
Economic damages and non-economic damages are the two categories of damages that an injury victim may recover under Florida personal injury law. Examples include medical bills and emotional distress.