Nobody sets out to be involved in accidents but there is neglect involved in all kinds of accidents. This neglect could be in the form of a motorist performing texting while driving and ramming into your car as a result of the distraction. The neglect may come from a grocery store as well that hasn’t cleaned up a spill and this has led to you getting a nasty fall. When this neglect is being established it is in your best interest to seek financial compensations. This can be achieved by using an injury attorney for a personal injury lawsuit that will provide for damages such as lost wages, medical expenses, and pain and suffering.
How do you decide the pain and suffering?
The personal injury attorney will be aware of how to calculate and prove your pain and sufferings by considering many factors that include,
- How bad was the injury?
- Is there an ongoing requirement for medical treatment or some other therapy?
- What was your age at the time of the accident?
- Did you have any prior medical condition?
- How much were the overall economic losses?
An experienced personal injury attorney will make use of the multiplier method while deciding the amount for the damages. If the accident victim was out of work for a few months and this led to the loss of wages of $40,000, this number can be multiplied by a factor of three to consider the pain and suffering. The total award for the victim can be around $120,000. The logic behind this is that during the time a person was unavailable at work he was also suffering from emotional distress and pain.
Another way the injury attorney may use is by applying the per diem amount. It is calculated as a per-day dollar amount and will apply to people with broken legs and arms. If your limbs were in casting for 60 days this additional amount will also get calculated as $100 per day with the total amounting to $6,000. Keep in mind that this amount is just for pain and suffering. The other damages such as lost wages, medical expenses, and property damage will be an additional amount.
Limitations on the lawsuit
There are many limitations on the personal injury lawsuits in the state of Florida. The first is time. You will get just 4 years for filing the lawsuit in Florida according to the statute of limitations of Florida and this time begins from the day of the accident. A similar limit applies to the medical malpractice lawsuit. In case you are suing government bodies, you will get 3 years to decide the lawsuit. The wrongful death plaintiffs get only 2 years to decide filing lawsuits in Florida.
There is another major limitation and that is the amount you can sue the party for. Although in normal cases there is no maximum amount of damages that gets awarded for pain and suffering in Florida, if the personal injury lawsuit includes medical malpractice a maximum of $5, 00,000 will get compensated. Florida also has a no-fault rule that impacts the amount of cash you will get as a result of the accident. It applies to auto accidents where the insurance companies are involved and pays for damages regardless of who was responsible for the negligence. Once the insurers are involved in the case it becomes extremely difficult to get compensated for the pain and suffering unless there is an external injury involved.
Sometimes you are forced to go through a difficult recovery process and need support from friends, family, and doctors. In this case, you will also need the support of an experienced personal injury attorney. For the incidents occurring in the Tampa, FL area you may use the services of the Rojas Law Group for the claims.
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