Auto Accident Attorney Tampa
Florida Car Accident: Settlement Question
The following is an expert answer given by Florida Auto Accidents Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q A service on the internet:
One month ago, in my vacation time, somebody hit my car from rear. The car was called total loss and I got paid for that. There was a little pain in my back for a few days. I needed to go overseas so I did not seek medical examination and treatment. While overseas, I got a medical examination (x-ray and MRI), the results were all OK and I paid only a very small percent of the actual fees.
When I got back, the insurance company contacted me and offered $300 for settlement. In the pain and suffering perspective, I am OK with the offer. But, although I was out from my company with a paid leave, I have losttime from my holiday time due to time spent in and after accident (medical examination, buying a new car etc). The insurance company’s adjuster told me that, as I was on vacation, they are not going to compensate that.
It does not sound meaningful to me so I wanted to take advice from an expert.
I am an attorney in Florida, so I can only speak about what type damages you can recover in a Florida car accident. If you were injured in a Florida car accident, you can recover damages for medical bills, lost wages, and pain and suffering, and any other out of pocket expenses incurred as a result of the accident through auto accident attorney tampa. Based upon an impact which totaled your car, an offer of $300 is very low, however their offer is going to be based upon whatever injuries you suffered and the amount of medical care you have received.
Your email states that you have lost holiday time due to time spent from the accident. If you accrue that time, and can be paid whatever time you have accrued if you were to leave the company, then that is an out of pocket expense that you have incurred and the insurance company should have to reimburse you. If the time you are referring to is just your vacation time, and you would have been taking that time regardless of the accident, then the insurance company is probably not responsible for paying you for that time. It sounds like the insurance adjustor may be confusing the vacation time being used when the accident occurred, with time spent after you returned from vacation for medical visits and buying a new car.
As for pain and suffering from a Florida car accident, Florida Statute section 627.737 states that “a plaintiff may recover damages in tort for pain, suffering, mental anguish, and inconvenience because of bodily injury, sickness, or disease arising out of the ownership, maintenance, operation, or use of such motor vehicle only in the event that the injury or disease consists in whole or in part of:
(a) Significant and permanent loss of an important bodily function.
(b) Permanent injury within a reasonable degree of medical probability,
other than scarring or disfigurement.
(c) Significant and permanent scarring or disfigurement.”
The value of your claim depends on a combination of factors such as any lost wages you may have suffered or may suffer in the future, money paid for medical bills, bills that remain outstanding, or medical bills you may have in the future, and pain and suffering, past and future. So, if you only received a small amount of medical care, I am guessing that there has not been a doctor that has stated you suffered a permanent injury as a result of the accident. Without that type of medical opinion, you are not entitled to recover damages for pain and suffering. This is most likely the main reason the adjustor is offering such a low amount.
Your state may have different laws, so it is important to check with an attorney specializing in auto accident claims in your area if you intend to pursue the claim further. My suggestion would be that if you are still experiencing any problems from the injuries, and want to get more medical care, do not settle the case for $300. Settling at this point would require you signing a General Release which would bar any claims down the road in the event your injures did not go away on their own. But, if you are going to get more medical care, you should do so now; don’t wait.
If you are in Florida, I would be happy to discuss your claim further. Most car accident personal injury auto accident attorney tampa will meet with you for a free consultation before you decide to hire a lawyer. If you are out of Florida, you should definitely try to speak with an experienced car accident personal injury lawyer before you settle your claim.
For more answers to questions about a Florida car accident, contact the Florida auto accident lawyers at Joseph M. Maus, P.A.at 1-866-556-5529 or email them today.
Elements and Statutes of Wrongful Death Compensation Claim
Wrongful death claim is different from other types of personal injury compensation claims. Here the victim is not the claimant; the lawsuit is filed by the dependants who has become financially impaired after the death caused by someone else’s negligence. State laws entitle the beneficiaries for compensation.
Negligence or any form of liability can be the cause of wrongful death. In case of other personal injury claims, the injured persons submit their complaints. But in an event of wrongful death, individuals related with the decedent claim compensation for monetary damages.
There is no room for any kind of compensation against wrongful death under the Common Law. According to Common Law, right to compensation expires with the victim and the dependants have no right to claim damages for their economical hardship.
Later on, all the States incorporated distinct laws for wrongful death. This initiative definitely helped the family members of decedents killed due to negligence or wrongful act of others.
Since, it was a state-level initiative to enforce wrongful death laws; the laws are not same in all the states. Florida wrongful death laws are different from that of New York and others. However, they trace their origin to a common structure.
The elements of Wrongful Death Compensation Claim:
Elements of wrongful death are nothing but the facts need to be established before court.
1. Careless conduct of another entity is the cause of death
2. The defendant was strictly accountable or negligent for the death
3. The decedent has left behind spouse, children, dependants and beneficiaries
4. All the dependants are suffering from monetary damage because of this death
The clauses are somewhere similar like those of Tort laws or state-wise personal injury laws. Wrongful death attorneys help the claimants establish their right in court and make sure that they receive compensation for monetary damages.
Though it is easier said than done, but one needs to keep his mind cool and behave in a planned way once an incident of wrongful death happens in family. A genuine case may be forfeited if actions are not taken properly. Here are some points that help claimant pursue wrongful death claim properly:
Know the Statues of Limitations:
There is a time span after which even a genuine claimant cannot file case against the offender. Statues of Limitation vary in different states. In Florida it is 2 years after the cause of wrongful death was confirmed or suspected. An action should be taken within 2 years after suspecting wrongful death.
Delayed Discovery Doctrine:
What if the plaintiff comes to know the actual cause of death when the statute of limitation is already over? Delayed Discovery Doctrine lets plaintiff file the compensation claim by starting the SOL clock from the date on which claimant learned the cause of wrongful death or suspected the cause.
This rule varies from state to state. Some people say that in Florida, Delayed Discovery Doctrine is only applicable for product liability, not for wrongful death. Hence, it is better to consult Florida attorneys to know your options.
Some random information about filing wrongful death lawsuit:
* Only the beneficiaries or the dependents of the decedent can file wrongful death claim for monetary damages.
* In case there are multiple heirs, the lawsuit must be filed jointly.
* The lawsuit helps dependents get compensated for economic damages, not for emotional stresses.
Florida residents should visit Florida wrongful death attorneys to get their case filed in the court of law in Florida.
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