Legal Question in Personal Injury in Florida

Florida's Pain and Suffering Law

In March 97, my wife and I were rear ended in Orlando. Her injuries are permanent and was granted SSI disability based on this accident. We had an attorney but he withdrew stating he did not get any cooperation from her doctors. We now have doctor's support and the SSI findings. I realize the statute of limitations is up in March. What is Florida's law regarding pain and suffering and punitive damages as it results to her permanent disability?


Asked on 1/24/01, 8:57 pm

1 Answer from Attorneys
Michael Tobin Michael M. Tobin, P.A.

Re: Florida's Pain and Suffering Law

Your question was asked 1/24 but only posted 3/8. The statute of limitations of 4 years is critical. If you are not already barred I suggest you IMMEDIATELY have an Orlando attorney file a suit to protect your rights. Your questions about Fla law are a bit tardy after four years of procrastination. I doubt that you have any case at all for punitive damages on a rear end collision unless the driver was drunk speeding or a hit and run. Pain and suffering is a proper element of damages in Florida. Different treatment depends on if you were a Florida resident or a tourist. Was the other driver insured? Did you have uninsured motorist coverage which might extend the statute of limitations to 5 years?

Is the SS Disability caused by the accident injuries? I hope you have already acted before now.

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Answered on 3/08/01, 9:57 am


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