Compensation for Injuries from Car Accidents

If you or a loved one is injured in a car crash and would like to consider filing a claim for damages, you may be thinking about the different types of compensation you may be entitled to. Generally, damages are payable for actual losses suffered from your accident. Some examples include medical treatment, replacing damaged or destroyed property, losses suffered as a result of not being able to attend work, and other damages depending on your circumstances and the facts of your case. In most cases, an insurance company will pay out on acceptable claims for the following types of damages:

Medical Expenses:

Accidents involving cars where injuries are sustained including vary from minor whiplash injuries to permanent disability or death. Thankfully, a significant number of people injured in car accidents each year are able to make a full recovery but in order to do so in the shortest time possible it is normal to require a period of therapy, specialist treatment or other type of medical assistance under the supervision of a doctor. As well as consultations, you may need crutches, bandages, heat pads, or other items to assist in your recovery and these can also be claimed as an expense. You may still be having treatment for your injuries at the time your claim is settled. As a result, it will be necessary to calculate the likely cost of future medical expenses to treat any ongoing conditions you suffered as a result of the car accident. It is normal for doctors or other health care professionals to assist in estimating how much more treatment you require, which makes it easier to provide a calculable figure for the purposes of the claim.

Damage to Property (Your Vehicle):

If there are any items belonging to you that were damaged in the car accident, you will be able to include them in your claim for their repair or replacement as personal property. Although the most obvious of these is the vehicle itself, claims under this category can include clothing, shoes and jewelry amongst others.

Lost Wages and Loss of Employment:

If you had to take time off work as a result of injuries you sustained in a motor vehicle accident, you will be entitled to claim for these. When answering the question as to whether PIP or work comp pays your lost wages claim, the proper answer is: BOTH. Although work comp will pay from 66⅔% to 80% of your claim for lost wages, the PIP insurer is required to supplement the workers’ compensation benefits until the PIP insurer has paid its policy limits.

Therefore, you are entitled to 60% of the lost wages not covered by workers’ compensation, and the recovery is capped at $10,000. Stated somewhat differently, you are entitled to a wage claim from PIP to the extent that your lost wages exceed the reimbursement from workers’ compensation, to be paid by PIP your PIP policy limits are exhausted. It may be possible to claim for lost wages if you are unemployed at the time of the accident, provided that you can demonstrate what you would have earned between the accident and the date of the settlement or judgment. It may be that the accident has affected your ability to earn money in the future, in which case evidence of how much you have earned in the past will be used to calculate this sum.

Pain and Suffering:

Pain and suffering has usually been viewed as a unitary concept. “In general, courts have not attempted to draw distinctions between the elements of ‘pain’ on one hand, and ‘suffering’ on the other; rather, the unitary concept of ‘pain and suffering’ has served as a convenient label under which a plaintiff may recover not only for physical pain but for fright, nervousness, grief, anxiety, worry, mortification, shock, humiliation, indignity, embarrassment, apprehension, terror or ordeal.” One authority has defined the sensation of pain as consisting of two parts: (1) the awareness or perception of the stimulus that is potentially damaging to tissues, and (2) the association with a subjective feeling of discomfort or unpleasantness.

Damages payable for the pain and suffering you have experienced as a result of a car accident are payable based on the type of injury, the extent of the pain suffered, and the prognosis for the injury in the future. If the accident victim is likely to suffer pain for the rest of his or her life, damages will be greater than if he or she is likely to make a full recovery within a few years. Damages for pain and suffering aren’t purely paid out for physical afflictions: it is also possible to claim for psychological injury and emotional damage. This can include embarrassment, humiliation and shock as well as anxiety and stress.

Loss of Affection:

If an injury sustained by a person in a car accident affects their marriage, it may be possible to claim for loss of companionship, care, affection and sexual relations. Unlike the other types of damages, it is the uninjured spouse who makes this claim, which is dependent on the success of the plaintiff’s claim. (If the plaintiff does not recover any damages for his or her personal injury claim, the spouse will not be able to recover damages either). If you have questions about a car accident claim, contact a specialist attorney today.

Contact an Experienced Personal Injury Attorney Today!

If you or a loved one was injured in a car accident and are seeking coverage under an automobile policy, there is no replacement for quality legal advice. The car accident attorneys at Suarez and Montero would love to have an opportunity to explain the law in Florida to assist you in presenting a strong claim against the at fault party. Every firm is distinctive and auto accident victims have needs that are also distinct. needs are different.

The Florida auto accident attorneys at Suarez & Montero encourage you to reach out so that we can explain more about the different ways that our law firm and attorneys can provide legal help and guidance after an auto accident. Make an appointment with us at one of our many locations. Remember, we work on a contingency basis so you will owe us nothing If we are unable to obtain successful results for your case. The attorneys at Suarez & Montero can meet with you to discuss further. always available to talk with you and answer your questions.

Our skillful attorneys are genuinely committed to our clients. We will fight to make sure that you get the maximum amount of compensation owed to you. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation.

We serve clients throughout Florida including those in the following areas:

Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.

Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.

The Law Offices of Suarez & Montero Car Accident Attorneys represents accident victims injured in various types of accidents including:

• Distracted Driving Accident Lawyers

•Drunk Driving Accidents

• T-Bone Car Accidents

• Road Rage Car Accidents

• Head-on Collisions

• Rollover Accidents

• Rear-end Car Accidents

• Left Turn Accidents

• Failure to Yield Car Accidents

• Sideswipe Accidents

• Merging Accidents

• Lane Change Accidents

• Construction Zone Car Accidents

• Truck Accidents

• Semi-Truck Accidents

• Bicycle Accidents

• Train Accidents

• Pedestrian Accidents

• Boating Accidents