Legal Question in Personal Injury in Florida

Compensation for auto accident injuries, pain and suffering

Two months ago I was hit by a car that failed to yield right of way. Damage to my vehicle was $7,000. I am under a doctor's care for tendonitis in my left wrist and hand (I'm left handed and am in a splint) and in another doctor's care and physical therapy for a partial tear to my right rotator cuff. The doctors say these injuries should eventually heal, but I will be in their care for at least two more months. I have been unable to write, dry my hair, clean house, iron, etc, since the accident. I also had to forfeit nonrefundable plane tickets for a trip scheduled soon after the accident. I already had two herniated discs in my neck, but my pain was completely controlled. Since the accident, my neck is in spasms, the pain is not under control and I've had therapy for that too. As the hand and shoulder injuries are expected to heal and the neck injury is an aggravation of a prior condition, does that mean I will only be able to recover actual medical expenses or should I be able to get any additional compensation?


Asked on 12/03/00, 3:17 am

2 Answers from Attorneys
Michael Tobin Michael M. Tobin, P.A.

Re: Compensation for auto accident injuries, pain and suffering

The Florida No-Fault Law does require that you have some significant permanent injury or scarring to qualify for a personal injury lawsuit but your current complaints may very well leave you with permanent problems. Aggravation of your preexisting problems may also be significant.It is too early to tell in only two months. I would recommend that you consult with an attorney to prepare to document your injuries. If you don't it will be difficult to later go back to recreate this information. You also need to understand the proper presentation of your claims for payment of medical bills to your medical insurance company and wage loss claim to your own auto company. You may need advice in collecting for the car repair damage, depreciation value, and loss of use. These are all complicated issues requiring an attorney experienced in handling insurance claims.

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Answered on 12/05/00, 9:18 am
Elizabeth Boyle Law Office of Elizabeth M. Boyle

Re: Compensation for auto accident injuries, pain and suffering

You should be able to get pain and suffering compensation for the damage done as a result of the accident. Your injuries sound significant.

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Answered on 12/05/00, 9:22 am


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