Florida Personal Injury Lawsuit and Res Judicata

One of the benefits of hiring a Florida personal injury attorney to file a lawsuit on your behalf is the comfort you can enjoy in knowing that your attorney will fight for compensation which is fair for you. Attempting to recover compensation for your injuries when you or a family member has been injured or harmed due to another’s negligence can be very difficult. Also, if you are awarded monetary compensation in your case, but later became aware of additional damages, you may not be able to sue the person or company responsible for your injuries in a second lawsuit. This is because Florida courts recognize the legal principle known as “res judicata”.

Res judicata is a Latin phrase which essentially means that the matter has already been settled and a defendant in a Florida personal injury or medical malpractice lawsuit is entitled to this defense. Basically, under this legal doctrine, you cannot sue a person or a business when the claim could have been argued in the first claim, for additional compensation or when your second claim is against the same defendant for the same injury. However, if you believe that facts in your case are different from those in a prior case in which you already have sued a defendant and are attempting to sue a second time, you should speak with an attorney that specializes in personal injury litigation.

Res judicata is common law preclusion, similar to collateral estoppel. It is very common for these two concepts to be used interchangeably. However, collateral estoppel is issue preclusion, meaning that it prevents the re-litigation of an identical issue. In short, since res judicata is tied to the events of a case courts usually will evaluate the events in order to determine if res judicata is applicable. If the circumstances of a case involve the same issues against the same parties that were actually litigated in a court of competent jurisdiction, then it is likely that the defendant would invoke the defense of collateral estoppel and possibly win the lawsuit.

There are a substantial number of rules and legal doctrines that are applicable to the various personal injury lawsuits. Which is why it is a necessity to consult with one of our Fort Lauderdale accident attorneys to obtain the advice you will need prior to filing a Florida lawsuit by yourself or agreeing to a settlement offer. These kinds of challenges are common in this form of litigation and could result in you losing your lawsuit. 

If you have been recently hurt due to someone’s negligence, or you have a family member that was injured or killed as a result of another’s wrongdoing, contact our office shortly to discuss your case with one of our Fort Lauderdale personal injury lawyers. It is possible that you may have a valid legal claim to sue the person responsible for causing your injuries. Since each case is different with different factual circumstances, it is important that you obtain the proper legal advice you need.

See Our Related Blog Posts:

  

Florida Civil Jury Trials Declining According to Florida Bar Special Committee Report

Florida Senate Passes Claim Bill to Award Eric Brody $10.75 Million

Is My Florida Personal Injury Settlement Taxable?

With only a couple of weeks remaining until the end of this year’s tax season, the Fort Lauderdale personal injury lawyers at our firm have been contacted by clients who are concerned about the tax implications on their personal injury settlements. They want to know if their personal injury settlement is taxable. In Florida, typically settlement awards are not taxable, however there are some exceptions and a settlement may subject to federal taxes depending upon the nature of the lawsuit and the type of damages the plaintiff was awarded in the settlement.

For example, punitive damages that are awarded in a Florida personal injury lawsuit are not excluded from federal income taxes, which mean that if you are awarded these kinds of damages in your lawsuit, you will be required to report this as income for taxing purposes. Punitive damages are those imposed against the defendant to punish him or her for the wrongful conduct they have committed against the plaintiff. The Internal Revenue Service (IRS) considers that this form of monetary compensation as a windfall for the plaintiff because the injured party was not compensated for factors such as lost wages or pain and suffering.

Further, our Fort Lauderdale accident injury attorneys recommend that clients seek the assistance from a tax attorney or certified public accountant (CPA) who can guide them in preparing their income tax returns to ensure that they are in complaint with the law. The tax laws governing personal injury settlements are very complex and the government often modifies the regulations so plaintiffs should not proceed in filing their tax returns on their own when these matters are present. However, as a general rule, compensation the plaintiff receives as a result of a physical injury or sickness is excluded from gross income calculations, but a tax attorney or CPA is in a position to further assist the client with how these matters should be treated on a federal income tax form.

In addition, damage awards based upon an emotional distress claims can further complicate matters because the IRS does not consider emotional distress itself as a physical injury or sickness. But if the award was to compensate the plaintiff for emotional pain that resulted from the physical injury or sickness, then this amount could be excluded from gross income. Yet, on the contrary emotional distress resulting from injury to reputation must be counted in the gross income calculation, unless the damages were awarded for medical care due to the emotional distress. Similarly where the damages awarded are from an employment discrimination case, there are specific federal, state and local laws which apply to the exclusion of gross income for tax purposes.

If you or a family member received a personal injury settlement and are worried about the tax implications affecting your awards, consult with a professional such as a CPA or tax attorney. Also, our Fort Lauderdale personal injury attorneys represents individuals and their family members who have been harmed or injured in a personal injury accident including a wrongful death, automobile negligence, slip-and-fall, dangerous drugs, or premise liability. If you have been hurt in any of these accidents, contact our office today to learn what legal options are available to you.

See Our Related Blog Posts:

Medical Records in a Florida Personal Injury Lawsuit

Florida Budget Committee Approves Bill to Ban Texting While Driving