There are rules in Florida regarding who may or may not receive compensation for pain and damages after an accident. The state of Florida is a no-fault insurance state. All drivers that get into accidents should file an insurance claim to receive the costing of the accident. If the claim does not meet the necessary amount to cover the injury costs, then the victim has the right to sue the driver at-fault or the party responsible for the injury.
For an accident victim to claim pain and suffering damages, they must meet the injury threshold set by the state of Florida. When the victim does not reach this threshold, they may not receive any compensation. This threshold includes:
- A permanent body injury
- Loss of any bodily function
- Permanent scarring and body disfigurement
The no-fault insurer is responsible for the victim’s medical expense only up to the limit of the policy in selection.
There are two kinds of compensations that a victim may receive after an accident, economic and non-economic damages. Losses such as medical bills, lost wages, travel expenses, and out- of pocket expenses fall under economic losses. They are not easy to quantify.
Non-economic damages, on the other hand, depend on the degree of the accident, the medical treatment required, and how the disaster impacts the victim’s life. The price is never specific as it may range from several thousand dollars to millions of dollars. There are several different factors that a jury has to consider to determine the amount that the victim should receive for their suffering. A good attorney should know how to navigate the ropes and ensure an accident victim gets the compensation they deserve.