Auto accidents in Florida can become complicated cases when victims suffer extensive injuries. The state no-fault insurance law presents problems from the very beginning for many who have serious injury claims because there are also some claim restrictions involved. Injured drivers must turn first to their private auto policy for initial coverage. Driver injuries must qualify through the court system to pursue whole damages from any other drivers, which is a common scenario due to the low state minimum for personal injury protection. But, when general damage claims are allowed for long-term serious injuries, there could be an opportunity for whole compensation.
Private auto plans typically cover immediate medical bills and compensation for lost wages due to the injuries when claimants are unable to work. The compensation problem with PIP claims is that there is no allowance for general damages as compensation for long-term pain-and-suffering. Additionally, medical bills often exceed the amount of maximum coverage on the policy, which means a personal injury lawsuit will be necessary for full allowable compensation.
Filing litigation for accident injuries
Most accident victims are actually compensated to the fullest extent through general damage claims. The problem for many drivers is their level of comparative negligence, which is determined in a percentage that is used to discount their total injury claim amount when a settlement is reached or if a case goes to trial.
Some claimants are eligible for potential punitive damages in addition to pain and suffering assignments when the plaintiff’s attorney can convince a jury the defendant exhibited “gross” negligence when the accident occurred. This can even further complicate the case.