damages for pain and suffering in car crash

WHEN CAN YOU SUE FOR DAMAGES FOR PAIN AND SUFFERING?

Car accidents can damage more than our bank accounts. After a serious injury, people may lose the ability to spend time doing what they love. Playing with their children, for example. Or being a good companion to a spouse or life partner. Thus, the physical pain due to the accident is made so much worse by emotional distress. Moreover, there may be no end to it. This kind of harm surely seems to justify monetary compensation. It is every bit as real as medical bills and lost wages. Has this happened to you or a loved one?   There may be a basis to claim damages for pain and suffering.

NON-ECONOMIC DAMAGES

There are two types of damages in civil cases. Economic damages are pretty straightforward. These include:

  • Medical bills
  • Repair or replacement costs for a vehicle
  • Lost wages.while unable to work

It’s fairly easy to attach fairly exact dollar numbers to such things. The purpose of economic damages is to make the injured person financially “whole”. That is, to cover any and all financial losses caused by the accident.

Non-economic damages, in contrast, are harder –or impossible – to put an exact price tag on. How much money can erase pain and suffering? Or the death of a loved one? These things cannot be accurately measured. Or restored, as a bank balance can be.  All that our system of justice can provide, this situation, is money.

CAN I SUE FOR DAMAGES FOR PAIN AND SUFFERING?

Under Florida law, car accident damages are a special case. Auto insurance here has to include Personal Injury Protection (PIP). This is due to Florida being a “no-fault” state. Hence, after an accident, drivers claim non-economic damages from their own insurance companies, not from other drivers involved. The benefit of no-fault and PIP are that insurers pay these claims pretty quickly. However, the downside is that it’s more difficult to get compensation for pain and suffering. This, after all, means filing claims against the other driver(s).  The injuries must meet standards of severity in order to do this:

  • Disfigurement
  • Loss of limb(s)
  • Permanent severe injuries
  • Death

If you or a loved one is seriously injured in a car crash, you may have a case for claiming compensation for pain and suffering. Contact the experienced Boca Raton car accident attorneys at Silver Injury Law by calling 561-336-6331 and learn more about your options.

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