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Florida Personal Injury Attorney Helping get Victims Compensation for their Injuries

After a serious incident, you might seek compensation from the at-fault party to cover your financial losses. Compensation, in a personal injury case, comes in the form of damages.

Plaintiffs in personal injury claims seek damages from the defendants responsible for their injuries. However, the types and amounts of damages a plaintiff receives depends on the circumstances of the case, the kind of the respondent, and the severity of the injuries.

Florida allows you to seek economic and noneconomic damages in a personal injury lawsuit.

While these are standard for most states, Florida has one unique factor to consider: the no-fault system.

How the No-Fault System and PIP Insurance Affect Your Compensation

Because Florida operates under the no-fault system, you are required to carry personal injury protection (PIP) insurance coverage. Your PIP policy pays for 80% of your medical bills and 60% of your lost wages in a car accident, up to the policy limits.

Non-Economic Damages in a Florida PI Case

Non-economic damages fall into two basic categories:

  1. Injury, disability, pain, suffering, loss of capacity to enjoy life, permanent disfigurement, and amputation –  An injury that affects you the rest of your life is severe. You might have endless physical pain, be unable to work, unable to spend time with your children, or have endless emotional suffering. The law allows for you to receive compensation for such agony. While there is no exact measurement, your attorney will use multiple factors to come to a value he or she thinks is adequate for your suffering.
  2. Mental Anguish – The emotional and psychological impact of an accident can be devastating. Some accident victims are so traumatized they have post-traumatic stress disorder. Florida’s “impact rule” only allows you to receive compensation for mental anguish if it is tied directly to your physical injury.

Economic Damages in Your PI Case

Economic damages calculate easier because you will have medical statements, bills, and estimates prepared by experts. Economic losses come in addition to non-economic damages and include:

  • Lost Income – In certain accidents, your PIP insurance pays for lost wages. However, you might also have a claim for lost wages if you have a severe injury that requires you to miss countless hours of work.
  • The Past and Future Medical Costs – A serious injury will have medical costs and treatments extending well beyond the settlement date. Therefore, your attorney (with the help of medical and accounting experts) will estimate future medical expenses to ensure you receive compensation to cover these expenses. Also, your attorney will seek compensation for all medical expenses you have experienced after the accident, including hospitalization, physician appointments, prescriptions, surgeries, ambulance rides, and so forth.
  • Future Lost Income – For permanent injuries, you might be unable to work or return to the job you once had. The party responsible for your injuries may also be responsible for your lost future income.
  • Replacement of Personal Property – In an accident, the personal property might be permanently damaged or lost. This property can be replaced through your collision coverage or the at-fault party’s property damage coverage.
  • Mileage – You are entitled to collect mileage expenses when traveling to medical appointments and the pharmacy for tasks related to your injury.

Do Not Guess At The Value Of Your Case – Contact an Attorney

Do not guess at the value of your case.

Only an attorney can accurately calculate your settlement value. Furthermore, an attorney can negotiate with insurers, present evidence, and represent your claim — increasing the chances you receive the compensation you deserve.

After a serious injury, contact The Law Offices of David M. Benenfeld, P.A. for a free, no-obligation consultation at 954-677-0155 or request information online.