Pain & Suffering In Florida Auto Accident Cases
When a person is involved in an auto accident in Florida, they have the right to seek compensation from the other driver (or any other actor involved) if they believe that negligence occurred. Florida law allows an injured plaintiff to try and recover their tangible damages – that is, quantifiable amounts like lost wages, medical expenses, and repairs to one’s vehicle – but recovering for intangible injuries, such as “pain and suffering,” can sometimes be difficult, depending on the facts of your situation. The right attorney can help.
Psychological Injuries Can Be Just As Debilitating
There are three types of damages in a Florida personal injury lawsuit. One, punitive damages, is only granted if the liable party acted with “intentional misconduct or gross negligence,” which is a high standard that few meet. The other two, however, factor into most personal injury cases. They are tangible damages, also known as economic damages, and intangible damages, or non-economic damages. Pain and suffering is a term for the intangible damages that an injured person has suffered after a crash – for example, emotional distress or psychological conditions that might have developed.
As one might imagine, it is difficult to quantify damages that are primarily emotional or psychological, but this does not make them any less real. They can also last just as long – or longer – than physical harm. For example, a person who develops a fear of driving after a serious accident is being affected months or even years after an accident. Some accident victims may feel too overwhelmed to seek compensation for these ills, but you have the right to do so under the law.
Claiming Damages
Because these can be such vague, intangible claims, insurance companies and other defendants try to minimize the fallout of this type of damages rather than paying for them. Injured plaintiffs are strongly urged to seek immediate medical care – even if the initial injuries seem minor – and to gather as much evidence as possible before making a claim with an insurer. Insurers generally look for reasons to deny a claim as a matter of course; the more evidence one has of taking their recovery seriously, the harder it is for them to deny the claim.
Keep in mind that if an insurer does agree to pay a claim, their methods of valuation will differ from company to company. For example, some insurers use the multiplier method; depending on the severity of the injury, one’s documented medical expenses are multiplied by a factor somewhere between 1.5 and 5, with the most serious injuries meriting a 5. Others use what is known as the per diem system, in which a ‘daily dollar amount’ is assessed for each day a person experiences pain and suffering. Each case is different, but it is important to be aware of which system your insurer uses.
Contact A Maitland Auto Accident Attorney
If you have been injured in an auto accident, it has likely been hard on you, both physically and emotionally. A Maitland auto accident attorney from the Hornsby Law Group can help you have the best chance possible to recover the damages you need to rebuild your life. Contact our office today at (407) 499-8887 to schedule a consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.72.html
