Am I Entitled to Pain and Suffering Compensation When Injured in a Florida Automobile Accident?

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Am I entitled to pain and suffering compensation when I am injured in a Florida automobile accident? The answer to this question, like many legal questions, is “it depends”. In Florida, there is a specific statute in place that addresses the issue of pain and suffering type of damages for injuries sustained in an automobile accident. When a person is injured in an automobile accident, a person can pursue a claim or case for pain and suffering type of damages if if the person suffers a permanent injury, disfigurement, and or scarring. See Section 627.737, Florida Statutes. The legal requirements for the entitlement to pain and suffering related damages are part of Florida’s No-Fault Law. Many people injured in an automobile accident believe that there should be automatic compensation for the pain, suffering, loss of enjoyment of life, and inconvenience associated with an injury even if the injury only requires a brief admission to the emergency room and no further treatment. Unfortunately, Florida law is not dictated by common sense or fairness in all of its provisions. Because of the special provisions and laws associated with an automobile accident case, it is important for a person to consult with the Florida automobile accident attorney regarding issues like pain and suffering related damages. Who determines if a person suffers a permanent injury? Typically, the treating physician or medical provider makes a determination as to whether a person suffered a permanent injury as a result of an automobile accident. Permanent injury does not necessarily mean that a person is unable to work, unable to function, unable to walk, and / or unable to perform activities of daily living. Permanent injury merely means that a person has suffered a personal injury that is not resolved over time or with medical treatment and according to a medical provider will affect a person for the rest of the person’s lifetime. The AMA American Medical Association has a guidebook to impairment that doctors can utilize to determine if a person has suffered a permanent injury / impairment and the extent of the impairment or percentage of the theremin associated with the injury. It is important for a medical doctor providing care to an automobile accident injury victim to have knowledge of the AMA guidelines to be able to perform the evaluation and assessment as to whether a person is suffered a permanent injury.

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