WHY WOULD AN ATTORNEY NOT FILE SUIT IN AN AUTO ACCIDENT CASE?
Florida law places a burden on the injured party (plaintiff) to prove that they have a permanent injury. Absent a permanent injury, the court is directed by law to dismiss the case. This is often the result of a motion to dismiss filed by the defendant (at fault party) in which they allege no permanent injury. So when lawyers on TV claim that they file suit and that makes the insurance companies want to settle with them, what they really men is that they file suit on cases where there is a permanent injury. For anyone that wants to read the law here is an abbreviated snapshot of the law: Florida Statute 627.737 Tort exemption; limitation on right to damages; punitive damages.— (2) In any action of tort brought against the owner, registrant, operator, or occupant of a motor vehicle, a plaintiff may recover damages in for pain, suffering, mental anguish, and inconvenience because of bodily injury, sickness, only in the event that the injury or disease consists in whole or in part of:
(a) Significant and permanent loss of an important bodily function.
(b) Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
(c) Significant and permanent scarring or disfigurement.
(2). If the court finds that the plaintiff will not be able to submit such evidence, then the court shall dismiss the plaintiff’s claim without prejudice.