Appealing a Car Accident Ruling in Florida
Are you currently dealing with a lawsuit that involves a car accident in Florida? If you think that the outcome of this case could have been different and believe that you are due another chance, you may think about appealing the decision. That’s exactly what happened in the court case William J. Vickers v. Annie D. Thomas from 2017 in Florida. This case gives a good example of appealing a car accident ruling in Florida.
William Vickers and Annie Thomas were in a car accident. Ms. Thomas was injured in the accident, and claimed that there would be significant medical expenses in order to return to her previous quality of life. Mr. Vickers, however, argued that Ms. Thomas had these injuries (which were to her back and shoulders) from another car accident that took place previously. Furthermore, because of the injuries, Ms. Thomas argued that she would be unable to work and would miss out on potential earnings.
Initially, the court ruled in favor of Ms. Thomas. They awarded her more than $300,000 for future medical expenses related to her back and shoulder injuries. During the appeal process, Mr. Vickers sought to reverse this decision, as well as idea that Ms. Thomas would lose out on her future earning potential.
The following information explains about appealing a car accident ruling in Florida. To begin, Mr. Vickers argued that it was not “reasonably certain” that Ms. Thomas would need the surgeries she claimed in order to successfully recover from her injuries. However, after multiple testimonies from doctors who estimated the costs and extent of her injuries, it seemed fair to assume the anticipated cost. So, Mr. Vickers did not successfully appeal the ruling for future medical expenses.
Yet, Mr. Vickers was successful in appealing a car accident ruling in Florida under another judgement made by the court. Rather, he did successfully appeal the decision that Ms. Thomas would lose out on future earning potential from the accident injuries. The court remanded for a new trial or remittitur on the issue of damages for future loss of earning capacity for Ms. Thomas. How was he able to do this?
In Florida, in order to establish a claim for loss of future earnings, Ms. Thomas would have needed to show “reasonably certain evidence” that her ability to work was reduced. During the first court case, Ms. Thomas only presented evidence that she was afraid of losing her job. The court agreed to the repeal of this decision because the speculation of fear is not enough to assume lost wages.
To summarize, this case shows that appealing a car accident ruling in Florida can be difficult, but if you think that you have a strong case, it is worth the effort. Since the decision was partially reversed, Mr. Vickers has the ability to end up saving a significant amount of money that he previously owed Ms. Thomas for her injuries and lost wages.