Getting injured in an accident is painful and expensive. It can take months to recover from a fractured bone and years to recover from a head injury. You will have to go to multiple doctor’s appointments and you may miss a considerable amount of time away from work.
Whenever you have an insurance claim after an accident, you can be compensated for such things as lost wages medical bills, and damage to your car. You can also claim things like Uber rides and cleaning services that you may have needed due to your accident. However, not all of the damage you suffer will be economic.
Anyone who has ever seen a television show about lawyers or listened to a conservative pundit rail on about frivolous lawsuits knows that people will often sue for non-economic damage such as pain and suffering. Compensatory damages are a combination of economic and non-economic damages that are awarded to plaintiffs in personal injury cases.
In the state of Florida, pain and suffering damages are limited to $500,000 in cases of medical malpractice.
Florida is a no-fault state when it comes to auto insurance. This means that a person’s own insurance company pays for their medical bills and for damages to their car no matter who is at fault. Driver’s must carry $10,000 of personal injury protection and $10,000 for damage to property.
A person can only sue an at-fault driver for damages, if their injuries are serious and if the bills exceed the amount for which they are covered. Likewise, a person may only sue for pain and suffering if they are severely injured.
Types Of Non-Economic Damages
According to Lawyer Jesse Minc, one of the most typical non-economic damages a person can claim is pain and suffering. Although it may sound like someone is suing because their feelings were hurt, pain and suffering is actually a legal term.
Pain and suffering rewards are often higher than compensation for medical bills. There are several different methods by which an insurance adjuster or personal injury attorney determines the value of pain and suffering. You can multiply the cost of the injuries by the level of pain a person is experiencing on a scale of 1 to 10. One example of this would be if a person had $5000 in medical bills in their pain level was at a 5, the pain and suffering would be worth $25,000.
In other cases, the pain you experience is looked at in the same way one would look at a job. Your salary will be multiplied by the number of days that you are in pain. If you were in pain for 60 days and you made $120 a day, you would be owed $7200 for pain and suffering.
You can also sue for events such as the end of a marriage or other long-term relationships. This is called, “loss of consortium. If an accident has left you disfigured or disabled, you can sue for that as well.
Finding an Attorney
If your economic losses have been greater than what your insurance company has offered you in a settlement, you should consult with a personal injury attorney. The attorney that you select should have many years of experience with cases such as yours in the Sunshine State. They should also have an excellent reputation with the State Bar.
Getting hurt in an accident can be very traumatizing. Getting the compensation you need will help you to rebuild your confidence and get back to the business of your life.
