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Daytona Beach Auto Accident Attorneys - Will I be Compensated?

Am I entitled to be compensated for my injuries?

If you have been injured in a motor vehicle accident, the single most important thing you can do is obtain prompt medical care.  You should seek treatment with a health care provider with a reputation for honest, conservative and compassionate care.  A personal injury claim that arises from motor vehicle accident has a four year statute of limitations.  With that in mind, there is no reason to be in a hurry to resolve your case.  Our Daytona Beach auto accident attorneys feel that it is important that you receive the benefit of all of the medical care you need to make as good a recovery as possible before, attempting to resolve your case.

We learned in this section that the other motorist and his insurance company is responsible for compensating you for the property damage you suffered in the accident.  What other compensation are you entitled to from the other motorist and his insurance company?  The Florida legislature has passed laws that apply specifically to motor vehicle accidents.  One of the most important and troubling laws concerns entitlement to compensation for non-economic damages such as pain and suffering.  Entitlement to compensation for non-economic damages depends upon your ability to satisfy certain threshold requirements contained in the Florida statutes.  Non-economic damages are only available where the injured party has suffered death, a permanent and significant scar, a permanent injury and/or a permanent loss of a bodily function.  These strict requirements can lead to some very unfair results.

If a person makes a complete recovery from injuries suffered in a motor vehicle accident they are not entitled to any compensation whatsoever for pain and suffering.  Thus if you were injured in an accident, received treatment from a doctor and made a complete recovery, you are not legally entitled to any compensation for what you went through.  Upon your discharge from further care, the only compensation you are entitled to from the other motorist and his insurance company is payment of any medical bills and/or lost wages not paid by your PIP insurer.  That is all!  This is unfair but it is the law in Florida.

If you have the misfortune of failing to make a complete recovery, you are entitled to be fully compensated for ALL of your damages.  Although it is immediately obvious that some injuries are permanent, in most situations the full extent of the injury is not readily appreciated.  Our Daytona Beach auto accident attorneys know that more then often it is not until an injured person has received care for months or years that an injury is diagnosed as permanent.

A person who requires medical care from a doctor for his injuries will either make a complete recovery or will eventually arrive at a point where his health care providers can offer nothing further.  The plateau where no further recovery is possible is known as “Maximum Medical Improvement”.  When a person has arrived at maximum medical improvement, their health care provider can project a long-range prognosis including what medical care may be necessary in the future and the cost of that care.  Most importantly from a legal standpoint the treating physician is able to express an opinion as to whether or not the injuries are permanent.


If your injuries are permanent and you unfortunately meet one of the threshold requirements mentioned above, you are entitled to be compensated for your non-economic damages that include pain and suffering.  The exact amount of compensation depends on many factors too numerous to name here.  It is important however, to understand that such compensation reaches back to the day of the accident and forward through your life expectancy.  There are many, many interacting variables that help determine the value of a personal injury claim.  If you believe that you or a loved one can satisfy one of the threshold requirements met above, you should consult with an attorney who specializes in handling personal injury claims.  Remember that there is a four (4) year statute of limitations on personal injury cases arising from a motor vehicle accident.  Your case must be filed within that time period or you will lose the right to seek compensation for your injuries.

It is an unfortunate fact that many motorists on our highways are completely uninsured or lack sufficient insurance to compensate you if you are injured.  If you have been injured by the negligence of an uninsured or underinsured motorist, you may have a right to seek compensation from your own insurance carrier if you purchased Uninsured Motorist Coverage.  Such claims are complicated and require an attorney who is experienced in personal injury law to handle correctly.

Unfortunately, motor vehicle accidents are sometimes fatal.  Florida law contains specific statutes that dictate who is entitled to be compensated and what damages are compensable in a wrongful death case.  Wrongful death cases have a short two (2) year statute of limitations.  These types of cases are complicated and require the expertise of an attorney, like our Daytona Beach auto accident attorneys, who is well-versed in Florida law for a successful result.

If you have any questions please feel free to contact us and speak with one of our Daytona Beach auto accident attorneys.

 


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