Generally speaking, there is no cap on pain and suffering in Florida.
Jacksonville, FL – The Sunshine State has seen a surge of truck accidents in recent years. In 2019, for instance, there was a record number of truck accident fatalities, which were up 4% from the previous year. The number of people injured in truck accidents is also on the rise and the vast majority of them are passengers in other cars, motorcyclists, or pedestrians. Victims are more likely to sustain severe injuries, which incur high medical bills, not to mention the lost wages and the enormous pain and suffering.
If you were recently injured in this type of crash, you should contact reliable Jacksonville truck accident lawyers as soon as possible. Do not negotiate with the insurance company representing the party at fault and do not agree to any settlement before you’ve had a chance to consult with a lawyer with plenty of expertise in this area. Each case is unique but a skilled lawyer will also look at legal precedents to see what kind of damages were awarded for similar injuries.
What types of damages are available for a truck accident in Florida?
If you were involved in a truck accident you will have to file a personal injury claim with the insurance company representing the trucker, the truck owner or the trucking company, the shipping company, or the manufacturer of a defective part. In truck accidents, more than one party may be liable for damages. Your Florida truck accident lawyers will decide who should be held accountable for damages after reviewing your case and conducting additional investigations.
When you file a personal injury claim you are entitled to compensatory damages, which can be of two types:
This type of compensation includes all your medical expenses, starting with the first visit to the ER following the accident. If you are left with an impairment and you will need medical care in the future, the costs must be included in the economic damages.
Another important part of your economic damages refers to your lost wages, past, and future. You are entitled to compensation for the wages you lost while you were in the hospital or recuperating at home, but you can also seek damages for lost earning capacity if you are left with a disability.
Also, you can recover the costs of repairing or replacing your car. You need to be very careful if your car was totaled. The insurance company may try to offer you the market value of the car you had, but you are entitled to get the money you need to buy a new car.
These are meant to compensate you for your suffering, both physical and mental. You should try to keep a journal detailing the level of pain you’ve experienced every day since you were injured. Since pain is subjective, your lawyers will also call on medical experts to give details on the suffering injuries such as yours usually cause.
As for the mental suffering you are entitled to compensation for the emotional distress, state of anxiety, or depression, as well as for loss of enjoyment or loss of consortium.
Generally speaking, there is no cap on pain and suffering in Florida. This doesn’t mean you can simply ask for a lot of money.
Several factors are considered when determining the value of your pain and suffering damages, including:
- Severity, duration, and nature of th injuries you sustained
- Your age, which is essential if you are left with a disfigurement or disability that will affect you for the rest of your life
- Your occupation, which is relevant if you’ll no longer be able to do that
- State of health before and after the truck accident
- Quality of the evidence collected in support of your claim – this is where having a good lawyer can be very useful
If you were recently involved in an accident or have other legal issues and you’re wondering where can I find attorneys near me, don’t worry, help is just a few clicks away. Just follow the link and select your state and city, choose your lawyer, and schedule a free consultation. They’ll take care of your problem in no time.