Florida law provides for specific damages to persons injured in automobile accidents, truck accidents, and bicycle accidents. If the driver of a car or truck causes an automobile or truck accident the injured party is entitled to recover damages. Florida has a comparative fault system. That means both the claimant and defendant can be at fault and the claimant still may recover damages for their injuries. Most of the time the claimant can recover damages to the same extent or degree that the defendant is at fault. If the driver of the motor vehicle is not the owner, the owner is also responsible as long as the driver is driving the vehicle with express or implied permission and consent of the owner.
Florida law allows the claimant, if fault is established, to recover for intangible damages of pain, suffering, inconvenience, mental anguish, and lack of capacity for enjoyment of life, present scarring and disfigurement as well as future, present medical expenses and future lost wages.
However, to recover intangible damages, the injured party must show they have either a permanent injury or permanent loss of an important bodily function or permanent scarring and disfigurement or be killed as a result of the accident.
Disability is not required under Florida law, or is a functional impairment. It is necessary for the treating doctor to opine that the injured party’s injury is permanent to some degree. The claimant is also entitled to recover their medical expenses from present and future as well as their loss of wages. These damages are recoverable against the at fault party and their insurance company. There is no exact amount to determine these damages. It depends on the nature of the accident and the injuries involved. There is no maximum limit.
No-Fault Insurance (PIP): The injured party normally has insurance through their own car they are in, or the car they are riding in, or through any relative they are residing with at the time of the accident that has motor vehicle insurance. The injured party’s own insurance, through their car or the car they are in, or the motor vehicle insurance of a relative he or she lives with, normally covers 80% of the injured party’s medical expenses and/or 60% of lost wages, up to $10,000. The injured party often has medical payments coverage that covers additional medical expenses the injured party incurs.
Uninsured/Underinsured Motorist Insurance: Additionally, often uninsured or underinsured motorist insurance is available to the claimant for their injuries through their own policy or the car they are in or through the relatives they live with. The injured party may be covered for uninsured motorist coverage if the at fault driver and/or owner has no insurance or inadequate insurance to cover the injured party’s damages. Often the injured party can make a claim against the at fault driver and/or owner’s insurance and the injured party’s own uninsured motorist coverage.
Uninsured or underinsured motorist insurance covers the claimant for their medical bills in the past and future, lost wages in the past and to be experienced in the future, their pain, suffering, inconvenience, lack of capacity for enjoyment of life, mental anguish, scarring and disfigurement in the past and to be experienced in the future.
Often an injured person is covered for uninsured motorist insurance not only on the car they are in at the time of the accident but also other cars where there is an insured with uninsured motorist insurance coverage.
It’s important to gather all medical information from a doctor, hospital, physical therapist, MRI’s and other medical providers to establish the nature and extent of the injury. Medical bills, medical records, X-Ray reports, MRI, diagnosis and prognosis of the injured person’s medical condition is obtained.
When the injured party reaches a point of maximum medical condition, settlement is often obtained. If not, a lawsuit can be filed against the responsible parties. If thereafter the claim is not settled, a jury of six (6) people would decide the injured party’s claim after listening to witnesses and reviewing evidence. The jury would decide who is at fault and what damages the claimant is entitled to.
The claimant is also entitled to recover for property damage caused by the accident from the at fault party’s insurance and/or their own insurance company. The claimant is entitled to have their car repaired as near as possible to the condition it was in before the accident, or if it costs more to repair the car than it is worth, to the total loss of the vehicle. The claimant is also entitled to any towing, storage or rental car expense until the repair is complete or until an offer is made on the total loss of the vehicle.
Truck accident law is similar to car accident law with some minor differences. The damages recoverable are the same as those accidents involving cars.
Mr. Ayers has for 35 years, settled and tried numerous car and truck accidents throughout Florida and has been successful in recovering millions of dollars for his clients.
