Suing For Pain And Suffering After A Truck Accident
If you got injured in a Florida truck accident because of another party’s negligence, you might be qualified to file an injury claim against the negligent party and recover compensation for your injuries and damages. Depending on your case’s specifics, you may even be able to recover pain and suffering damages in your truck accident case. “Pain and suffering” includes the physical and psychological stress that results from an injury. If you suffered a severe injury in your truck accident, as defined under Florida law, you might qualify to be compensated for this type of general damages.
The Serious Injury Threshold in Florida
In Florida, you have the right to sue for pain and suffering after a truck accident. However, there are some limitations on the right to sue for this type of general damages. After a Florida truck accident, you must meet the serious injury threshold to be able to sue for pain and suffering. Under Florida Statute 627.737, an injury is considered serious if it results in any of the following;
- Death
- Long-lasting and significant loss of an important bodily function
- Long-lasting and significant disfigurement or scarring
- Another permanent injury, other than scarring and disfigurement
In other words, if you suffered a permanent and significant injury in a Florida truck accident because of another party’s fault, you can sue for pain and suffering damages. If an injury is temporary or likely to heal fast, you may not be eligible to claim these damages. However, consult a qualified truck accident attorney before concluding that you are not eligible to sue for pain and suffering after a Florida truck accident.
Proving You Meet the Serious Injury Threshold
If you were in a truck accident and believe you meet the serious injury threshold that qualifies you to sue for pain and suffering damages, you should allow a truck accident attorney to help you prove that you meet the serious injury threshold. A skilled attorney understands the types of evidence you need to prove your case and can help you gather them.
Additionally, you need to note that a medical expert’s testimony is crucial when trying to prove you meet the serious injury threshold. Fortunately, a truck accident attorney can help you find a medical expert to help you prove your case.
Calculating Pain and Suffering Damages in a Florida Truck Accident Case
There are different ways of calculating the value of pain and suffering damages in a Florida truck accident case. However, the multiplier method is the most common method of calculating pain and suffering damages. This method applies a multiplier to your total special damages. Additionally, several factors are taken into consideration when calculating the value of pain and suffering damages. The following are some of these factors;
- The injuries’ severity
- The pain and inconvenience the injuries have caused you
- The impact of the injuries on your social status and relationships
Legal Help Is Available
If you suffered injuries in a Florida truck accident and need help recovering the maximum possible compensation, contact our Fort Lauderdale personal injury attorneys at The Pendas Law Firm.
The Pendas Law Firm also represents clients in the West Palm Beach, Miami, Fort Myers, Jacksonville, Daytona Beach, Bradenton, Tampa, Ocala, and Orlando areas.
Source:
law.cornell.edu/wex/pain_and_suffering#:~:text=Pain%20and%20suffering%20refers%20to,trauma%20that%20accompanies%20an%20injury
