Florida laws concerning car accidents and personal injury claims can be complicated. With help from an accident attorney in Fort Myers, FL, you may seek compensation from the negligent party that covers your losses incurred, including pain and suffering. However, only certain cases may qualify. Below, we’ll explain more about pain and suffering in Florida and how a personal injury can help you pursue your accident claim.
Florida Uses the No-Fault System for Car Crashes
Florida is one of only a handful of states that use a ‘no-fault’ system for car accidents. This means your own insurance coverage will cover financial losses from the accident, like medical bills, no matter who caused the accident. If a crash only caused minor injuries, the plaintiff is limited to their personal injury protection policy to cover financial losses from the accident.
What Types of Injuries Qualify for Pain and Suffering Damages in Florida?
Pain and suffering, also called non-economic damages, aren’t easily measurable. They consist of losses that are difficult to determine a dollar value for, such as depression, anxiety, emotional distress, and reduced quality of life.
Florida’s no-fault guidelines in car accident injury cases only allow those who suffered serious injuries to file a liability claim for non-economic damages like pain and suffering. To meet the definition of ‘serious’ under Florida law, the car crash must have caused a significant or permanent injury, such as:
- Loss of a major bodily function
- Disfigurement
- Scarring
- Loss of limb/s
- Loss of life
How Florida Calculates Pain and Suffering Damages
Florida uses two primary formulas for calculating pain and suffering: the multiplier and per diem methods. The multiplier method uses a formula, A x B = C, to determine the total amount of damages. The amount of financial losses incurred is multiplied by a value between 1.5 and 5 to calculate the dollar value of pain and suffering experienced by the injured.
The per diem method uses a formula as well. The court will determine a dollar value equal to the pain and suffering of each day, then multiply that number by the total number of days the person experienced those damages to calculate a final amount for pain and suffering compensation.
How Can an Accident Attorney in Fort Myers, FL, Help You Sue for Non-Economic Damages?
Florida’s no-fault system means only serious injuries qualify for pain and suffering damage compensation. A personal injury attorney with experience in these cases can help you determine if you have a claim for non-economic damages. In addition, they will provide invaluable help with investigating your case, gathering evidence, and ensuring proper documentation of pain and suffering.
Your lawyer will also make sure you don’t miss any important legal deadlines in your claim. For example, Florida law imposes a strict two-year time limit for filing an accident claim. You can also expect your attorney to help with critical negotiations and to protect your case from undervaluation by insurance companies.
If you were injured in a Florida car crash, don’t wait another day to consult with an experienced personal injury attorney regarding your case. Call Goldstein, Buckley, Chechman, Rice & Purtz, P.A., now at (239) 441-2009 to schedule your free consultation at our office in Fort Myers, FL, or one of our sister locations in Lehigh Acres, Cape Coral, Port Charlotte, and Naples, FL.