Ged Lawyers, LLP explains Florida’s impact rule, which impacts your rights to compensation for pain and suffering in your personal injury claim.
Motor vehicle accidents, slips and falls, and other types of mishaps can leave you suffering serious personal injuries. When another person’s reckless and negligent actions are to blame, you are entitled to seek compensation for your losses in a personal injury lawsuit. This includes medical expenses and lost wages. You may also be entitled to compensation for the pain and suffering you endured. However, there are special rules that apply in determining whether this type of compensation is warranted. Our Boca Raton personal injury attorneys outline how this could impact your case.
What is Florida’s Impact Rule and How Does it Apply to My Personal Injury Claim?
When you are involved in an accident for which another person is to blame, you may be entitled to compensation through a personal injury lawsuit. Under Florida’s negligence laws, there are two basic types of compensation available, which are referred to as damages:
- Special damages: These cover the tangible costs associated with your accident, such as medical expenses and lost wages. This also includes any future treatments or losses in earnings you are likely to suffer as a result of ongoing disabilities.
- General damages: These cover your intangible losses. They include compensation for the pain, suffering, and emotional distress you endured as a result of your accident or injuries, as well as any loss of enjoyment in life you experience as a result.
When filing a personal injury lawsuit, the total amount of special damages you are seeking is listed in the petition filed with the court. General damages are not specified and will be determined by the judge in your case. These are subject to the impact rule. It requires claimants to have suffered some type of physical injury in order to claim emotional distress. It also requires evidence, such as your testimony and statements from your doctor or therapist, before general damages are awarded in your case.
Pain and Suffering Caused by Personal Injuries
Being involved in a car crash or other type of accident is a frightening and stressful experience. The American Academy of Family Physicians reports that it is common for victims to suffer symptoms of post-traumatic stress in the aftermath. These may include:
- Intrusive thoughts about the accident, which interrupt your ability to focus on work or other tasks at hand;
- Nightmares and general trouble sleeping;
- Generalized anxiety and episodes involving panic attacks;
- Increased phobias that can cause you to become more isolated and withdrawn from your usual activities.
You deserve to be compensated for your suffering. To ensure you meet the standards set by Florida’s impact rule, carefully document your symptoms and seek treatment through a trusted medical provider.
Our Boca Raton Personal Injury Attorneys are Here to Help
When personal injuries happen, Ged Lawyers, LLP. acts as a strong legal advocate on your side. For help in getting the compensation you need to recover, contact our Boca Raton personal injury attorneys and request a consultation today.