In Florida, Can I Sue for Pain and Suffering Following a Vehicle Accident?

Accidents can occur at any time, and their effects can be disastrous. Car accident victims in Fort Myers Florida frequently worry if they qualify for financial assistance for their suffering. Tucker Law is aware that navigating such circumstances can be difficult. This detailed guide was created as a result to assist you in understanding your choices for pursuing compensation in Florida.

No-Fault Insurance in Florida

Florida is a no-fault insurance jurisdiction, thus regardless of who was at fault for the collision, each driver’s own insurance company is liable for paying their medical bills and missed wages. In order to speed up the claims procedure, this Personal Injury Protection (PIP) coverage excludes non-economic damages like pain and suffering.

The Serious Injury Threshold

In order to seek compensation for pain and suffering in Florida, you must meet the state’s “serious injury threshold.” This threshold exists to prevent minor injury claims from clogging the courts. To be eligible, you must have experienced one or more of the following:

  • Significant and permanent loss of an important bodily function
  • Permanent injury within a reasonable degree of medical probability
  • Significant and permanent scarring or disfigurement
  • Death

You can make a pain and suffering claim against the at-fault driver’s insurance carrier if you meet the serious injury threshold.

Ways to Show Pain and Suffering

Although proving pain and suffering is a subjective process, there are steps you can do to support your position. The following information can support your claim:

Medical bills and records: These can serve as evidence of the extent of your injuries and the required medical care you’ve received.
Statements from witnesses: If other people can attest to your anguish and pain, this can bolster your claim.
Mental health records: If you’ve sought therapy or counseling for emotional anguish, these documents may be able to attest to your suffering.
Personal diary: Recording your pain, emotions, and how your injuries have affected your life on a daily basis might help you give a thorough account of your suffering.
Comparative Negligence’s Use in Florida Car Accident Claims

Florida’s comparative negligence rule is a critical factor to take into account while pursuing damages for pain and suffering there. This guideline assigns a percentage of culpability to each party involved and acknowledges that numerous parties may be responsible for an accident.

Your reimbursement for pain and suffering may be diminished in proportion to your level of fault under Florida’s comparative negligence legislation. Your compensation will be decreased by 30%, for instance, if you are found to have contributed 30% to the accident. Because of this, it’s even more crucial to have a knowledgeable accident lawyer from Tucker Law on your side to help build the strongest case and reduce your portion of the blame.

Factors That Influence Your Pain and Suffering Claim’s Worth

Your pain and suffering claim’s worth can be affected by a number of variables, such as:

Injury severity: Compensation for pain and suffering is often higher for more serious injuries.
Effect on daily life: Your claim may be worth more if your injuries have made it difficult for you to carry out routine duties or indulge in hobbies.
Age and health: The value of your claim may be impacted by your age and general health prior to the accident, as younger and healthier people may face more severe disruptions to their life.
Recovery time: A longer recovery time or continued care may result in a greater payment for pain and suffering.

Negotiating with with insurance providersproviders

Insurance companies frequently attempt to reduce the amount of compensation they provide to victims of auto accidents. They might make an effort to minimize the seriousness of your wounds, contest the need for specific treatments, or suggest that you contributed to the accident in some way.

When dealing with insurance companies, having a skilled accident lawyer from Tucker Law on your side can help level the playing field. Our knowledgeable lawyers are capable of effectively presenting your case and rebutting the strategies employed by insurance adjusters. To guarantee that you receive just recompense for your pain and suffering, we will work hard.

Why Tucker Law Is Beneficial

A skilled accident lawyer at Tucker Law have the skills and resources to guide you through the complexities of Florida’s vehicle accident compensation laws and regulations. We are committed to standing up for your rights and pursuing the highest amount of damages for your pain and suffering. For a free consultation, give us a call at 1-800-TuckerWins right now, and let our staff help you with this difficult procedure.

At Tucker Law, we think that no one should have to endure suffering as a result of someone else’s carelessness. Let us aid you in obtaining the justice you are due.