The most common types of personal injury claims are road traffic accidents. Did you know that there is a rough estimate of about 700,000 personal injury cases that are filed each year in the U.S.? About 54 percent of these cases are auto accident related.
According to the most recently-available statistics, about 95 percent of pending lawsuits end in a pre-trial settlement. This means that just one in 20 personal injury cases is resolved in a court of law by a judge or jury.
An auto accident lawsuit provides the opportunity for you to seek additional compensation to the benefits already provided under your Personal Injury Protection policy; however, to be eligible to file a claim you must have suffered serious and permanent injuries.
Insurance companies may attempt to categorize your injuries as temporary and non-serious. Often insurance companies will try to limit their payouts, offering amounts that do not adequately cover your losses or future cost. If this happens, we can negotiate with the insurance companies on your behalf, and gather evidence supporting that your injuries are serious enough to qualify you for additional compensation through a personal injury lawsuit.
Car accidents may cause serious and life-threatening injuries such as the injuries listed below:
Auto accident victims may be able to file third party claims if another party other than the driver contributed to the accident.
Example: If a defective or flawed vehicle part caused a crash, individuals can seek damages from that car maker. Also, if at the time the at-fault party was driving a company vehicle,their employer may be liable for damages.
Example 2: If factors such as a poorly maintained roadway, improper signage, or irresponsible highway construction contributed substantially to an accident, a suit against a transportation authority or government agency is plausible.
Currently Florida law allows accident victims and their families to seek compensation from the entity that caused the accident. Damages may include:
Medical Bills: This can include current and future hospital costs, rehabilitation, transportation, and medication expenses. If the injured party misses work due to an accident, wages lost may be compensated for that amount.
Future Lost Wages: If the accident is so severe that you can never return to work, or must miss work for a significant amount of time, wages that would have been earned had the accident not occurred may be compensated.
Pain and Suffering: If you sustained an injury in a car accident you may be entitled to compensation for pain and suffering caused by the injury and its treatments. Treatments can consist of depression, anxiety, fear, and other mental injuries causing distress or mental anguish.
In Florida, persons may have a cause of action for loss of consortium. This is when the other spouse suffers personal injury caused by the negligence of another that negatively alters the relations of a couple. Florida juries typically do not make large awards for loss of consortium claims.
Funeral Costs: If an accident causes loss of life, the family may be able to recover funeral costs and death-related expenses, to include some of the damages listed above.
If you or a loved one was involved in a car accident and sustained a severe injury, you may be entitled to compensation beyond that which is provided by your PIP coverage. To learn more about your legal rights and how our auto accident attorneys may be able to help, please call 1-800-984-9951 or contact us here to set up your free consultation.
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