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Why is Proving a Permanent Injury Important in a Florida Auto Accident?
Proving a permanent injury is crucial in a Florida auto accident case because it directly impacts the ability to recover noneconomic damages such as pain, suffering, mental anguish, and inconvenience.
According to § 627.737, a plaintiff can only recover these types of damages if the injury meets specific criteria, including a:
- significant and permanent loss of an important bodily function;
- permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement;
- significant and permanent scarring or disfigurement; or
- death.
This is also known as the “Permanent Injury Threshold.”
The statute does not define “permanent injury,” but it requires that the permanency of the injury be established within a reasonable degree of medical probability. This means that expert medical testimony is necessary to prove the permanency of the injury. Rivero v. Mansfield, 584 So. 2d 1012.
However, subjective complaints of pain from the plaintiff can also be considered in determining permanency.
In the case of City of Tampa v. Long, the Florida Supreme Court addressed the issue of whether subjective complaints of pain could be included in the determination of a permanent injury. The court reaffirmed that permanent injury within a reasonable degree of medical probability may include permanent subjective complaints of pain, as long as they are supported by medical evidence.
Even the Florida Supreme Court has affirmed this rule. In Easkold v. Rhodes, 614 So. 2d 495 the Florida Supreme Court emphasized that a plaintiff is precluded from recovering noneconomic damages unless the injury satisfies one of the listed threshold requirements, specifically highlighting the necessity of proving a permanent injury within a reasonable degree of medical probability.
Which Injuries are Considered Permanent?
Now that we have an idea what the Florida Permanent Injury Threshold is and why proving it is important, let’s look at common auto accident injuries and analyze whether they would qualify for pain and suffering under this rule.
Whiplash
Whiplash is a soft tissue injury that occurs when the head is suddenly and forcefully jerked forward and backward, stretching or tearing the muscles and ligaments in the neck.
Symptoms include neck pain, stiffness, headaches, dizziness, and limited range of motion.
Whiplash can be considered a permanent injury under Florida law if it is established within a reasonable degree of medical probability.
In the case of Tampa Transit Lines, Inc. v. Smith, 155 So. 2d 557, the court acknowledged that whiplash injuries might not readily lend themselves to definite prognosis based on purely objective findings. However, the court accepted the treating physician’s opinion that the plaintiff’s pain was permanent, even though it was based largely on subjective symptoms attested by the plaintiff.
Similarly, in the case of Mighty Nat’l Exterminators v. Powers, 434 So. 2d 361, the court noted that the treating physician initially anticipated the whiplash injury would resolve in approximately three months but later concluded that the injury was permanent, resulting in a 20% permanent disability.
Concussions (Mild Traumatic Brain Injuries)
A concussion is a mild traumatic brain injury caused by a blow to the head or a sudden jolt, which can happen in a car crash even without a direct head injury.
Symptoms include headaches, nausea, dizziness, memory loss, confusion, and sensitivity to light or noise.
It’s no surprise to hear that moderate to severe Traumatic Brain Injuries (TBI’s) can be permanent, but mild TBI’s, like a concussions, can also qualify.
Concussions can be considered a permanent injury in Florida under certain circumstances.
According to the case of Johnson v. Phillips, 345 So. 2d 1116, the court held that permanent subjective complaints of pain resulting from an initial organic injury, such as a brain concussion, can be considered a permanent injury under § 627.737, even if the injury itself is not visible or objectively measurable. This interpretation was based on medical testimony that the patient’s complaints were permanent, despite the absence of permanent organic injury.
Broken Bones
The force from a car crash can cause fractures or breaks in the bones, particularly in the arms, legs, ribs, and collarbones.
Symptoms include swelling, bruising, pain, and difficulty moving the affected area.
Florida case law supports the notion that a broken bone can result in permanent injury.
For instance, in Scarfone v. Magaldi, 522 So. 2d 902, the court found that the plaintiff’s fractured forearm, which required surgery and resulted in permanent stainless steel screws in the bone, constituted a permanent injury.
Similarly, in Bradshaw v. State Farm Auto. Ins. Co., 714 So. 2d 620, the plaintiff’s permanent injury to his right foot, which included multiple surgeries and an altered gait, was recognized as a permanent injury.
Spinal Cord Injuries
Injuries to the spinal cord can result in partial or full paralysis, depending on the location and severity of the injury.
Symptoms include loss of sensation, movement, or reflexes below the site of injury, incontinence, and severe pain.
As probably no surprise, spinal cord injuries can be considered permanent injuries under Florida law. According to Florida statutes, a spinal cord injury involving severe paralysis of an arm, a leg, or the trunk is classified as a catastrophic injury, which is a form of permanent impairment. § 766.118, § 440.15.
Additionally, case law supports the notion that spinal cord injuries resulting in severe conditions such as quadriplegia are recognized as permanent injuries. United Parcel Servs. v. Carmadella, 432 So. 2d 702.
Herniated Discs
The impact of a car crash can cause the discs in the spine to shift or rupture, putting pressure on the spinal nerves.
Symptoms include back pain, numbness, tingling, and weakness in the arms or legs.
A herniated disc can be considered a permanent injury. Multiple cases have established that herniated discs are often recognized as permanent injuries by the courts.
For instance, in Katz v. Ghodsi, 682 So. 2d 586, the court noted that the experts agreed the plaintiff’s herniated disc constituted a permanent injury.
Similarly, in Smith v. Turner, 585 So. 2d 395, the jury found that the plaintiff sustained a permanent injury due to a herniated disc caused by an automobile accident.
Additionally, in Ramey v. Winn Dixie Montgomery, 710 So. 2d 191, the court acknowledged the testimony of treating physicians who confirmed that the plaintiff’s herniated disc was a permanent injury requiring ongoing treatment.
Furthermore, in Leinhart v. Jurkovich, 882 So. 2d 456, the treating physicians testified that the plaintiff’s herniated disc was a permanent condition that would necessitate future treatment and cause ongoing pain.
The case Mauldin v. State, Dep’t of Admin., Div. of Retirement also supports this, where medical experts concurred that the appellant’s herniated disc was a permanent condition with lasting limitations on his ability to work.
Joint Injuries
Joints such as knees, hips, shoulders, elbows, wrists, ankles, or other joints can be injured in car accidents due to the sudden and intense forces involved in a collision.
When a car crashes, the body is often jolted, twisted, or compressed in ways that can strain or damage the joints.
Joint injuries can be considered permanent injuries if they meet certain criteria mentioned above.
In the case of Holmes v. State Farm Mut. Auto. Ins. Co., 624 So. 2d 824, the court dealt with a temporomandibular joint (TMJ) injury. The expert testimony presented at trial indicated that the TMJ injury was permanent, and the court found that the trial court erred in denying a motion for a directed verdict on the permanency of the TMJ injury. This suggests that joint injuries, such as TMJ, can be considered permanent if supported by medical evidence.
Psychological Injuries
Car accidents can also lead to emotional and psychological trauma, such as post-traumatic stress disorder (PTSD), anxiety, or depression.
Symptoms can include flashbacks, nightmares, severe anxiety, and trouble sleeping.
Psychological injuries can qualify as a permanent injury under Florida law.
In the case of Miami-Dade County Sch. Bd. v. A.N., 905 So. 2d 203, the court considered the testimony of a psychologist who indicated that the child’s psychological condition, resulting from post-traumatic stress syndrome, might have to be revisited and could be reactivated in the future. The court found that the absence of the term “permanent problem” in the psychologist’s testimony did not preclude the finding of a permanent injury, as the evidence presented was sufficient for the jury to decide on the permanency of the psychological injury.
Scarring
Scarring can occur from burns, cuts, abrasions, or as a result of surgery after an auto accident injury.
Significant and permanent scarring or disfigurement is recognized as a separate category that can qualify for recovery of noneconomic damages under subsection (3) of § 627.737.
The determination of whether a scar constitutes significant and permanent disfigurement is typically a question of fact for the jury to decide.
Contact Our Experienced Florida Lawyers to Handle Your Auto Accident Case
If you have any questions regarding the Florida Permanent Injury Threshold, we’re here to help! Call us today for a FREE consultation regarding your Florida auto accident case. Our Florida car accident lawyers can help you present the best permanent injury case possible to the insurance company. Call (855) 545-1777 to speak to our Florida car accident injury attorneys directly.
