Car accidents in Daytona Beach range from minor to severe, leaving some victims with serious, life-changing injuries. If you find yourself in this position, you may want to know if you can recover compensation.
While Florida PIP (personal injury protection) pays out first from your insurance policy, more severe injuries will likely cost much more and last much longer than what this provides. With help from an experienced attorney, you can file a lawsuit to recover the remaining compensation you are entitled to. While some costs will be straightforward, such as medical bills, others will be subjective, such as pain and suffering.
At this point, you likely want to know how pain and suffering damages are determined. At Zimmet & Zimmet, our Daytona Beach auto accident lawyers can help you understand how to determine your compensation after a car accident. You can also learn more here.
Understanding Pain and Suffering Damages
Pain and suffering damages fall under the umbrella of non-economic damages. Unlike economic damages that cover tangible costs like medical bills, pain and suffering damages compensate victims for the emotional and physical pain endured post-accident.
Factors Influencing Pain and Suffering Damages
Several factors influence the pain and suffering damages you receive. These factors include:
- Severity of the Injury: Injuries can range from minor cuts to severe traumatic brain injuries. Naturally, more severe injuries can lead to higher compensation due to the intense pain and complications that come with them.
- Duration and Permanency of the Injury: An injury that heals within weeks will have a different impact than one that lasts a lifetime. Permanent injuries, like spinal cord damage, often result in higher compensation due to their lasting effects on victims.
- Medical Treatments and Procedures: Medical treatments come at an emotional and financial cost. Invasive procedures or treatments that demand long-term care can raise the stakes in a car accident injury claim.
- Impact on Daily Life: An injury can alter your life. It may rob you of work opportunities or simple pleasures like hobbies. If an injury severely disrupts your life, it’s considered when determining damages.
- Psychological Trauma: Accidents don’t just hurt physically; they can leave lasting mental scars. Issues like PTSD, depression, or anxiety post-accident are factored into compensation.
The Importance of Expert Witnesses
In the aftermath of a car accident injury in Daytona Beach, expert witnesses play an essential role in establishing the extent and impact of injuries. These professionals, including medical practitioners, accident reconstructionists, or economists, provide informed testimonies that offer insights into a victim’s physical and emotional state.
Their evaluations can detail the severity of injuries, required medical treatments, and projected long-term consequences. The testimonies can significantly strengthen a victim’s claim. When working with a skilled Daytona Beach car accident attorney, like those at Zimmet & Zimmet, expert witnesses can be essential to ensure victims get the compensation they deserve.
Florida’s Comparative Negligence Rule
Understanding Florida’s Comparative Negligence Rule is essential in Daytona Beach car accident claims. This rule stipulates that your potential compensation might be adjusted accordingly if you’re partially responsible for the accident.
For instance, if an investigation finds that you were 20% at fault for the accident, then any compensation awarded for your car accident injury would be reduced by that percentage. This means a $100,000 compensation claim could be reduced to $80,000, reflecting your partial fault.
The Role of a Daytona Beach Car Accident Attorney
While there is no requirement to have an attorney to file a personal injury lawsuit, it offers many benefits. When you hire a Daytona Beach car accident lawyer, you receive the following:
Advocacy and Representation
A Daytona Beach car accident attorney stands as a staunch advocate for victims. Their role is to ensure that the injured party’s rights are upheld and that they receive fair compensation. They possess the expertise to navigate the complex legal terrain of Florida’s car accident laws, ensuring that their client’s voice is heard and respected.
Navigating Florida’s Laws
Florida’s legal landscape concerning car accidents can be intricate. Attorneys, especially those focusing on car accident injuries, are well-versed in these laws. They are adept at understanding the intricacies and ensuring clients are protected at every turn.
Negotiation with Insurance Companies
Insurance companies often attempt to minimize payouts or deny claims. A seasoned car accident attorney knows the tactics these companies employ and can effectively negotiate on behalf of the victim, ensuring they receive the compensation they’re entitled to.
Comprehensive Case Building
From collecting evidence to calling on expert witnesses, a car accident attorney constructs a robust case. Firms like Zimmet & Zimmet harness their experience to present compelling arguments, ensuring that every aspect of the victim’s pain, suffering, and loss is recognized and compensated.
Your Rights to Pain and Suffering Damages After a Car Accident
Determining pain and suffering damages in Florida can be complex. But with guidance from a knowledgeable Daytona Beach attorney, victims can navigate the process more clearly and confidently.
At Zimmet & Zimmet, we are ready to help with your car accident claim. The first step is to reach out to our office to schedule a free consultation.
Addition Information and Reading about Car Accident in Daytona Beach
Understand Rear-End Car Accidents and Your Rights in Daytona Beach
Do I need to Hire a Daytona Beach Accident Lawyer?
How Much Can I Sue for After a Car Accident?
What to Avoid Telling Your Insurance Company After an Accident