If you’ve sustained injuries due to an accident caused by another driver’s negligence, you can pursue several types of damages (i.e., economic, non-economic, and punitive damages) by filing a personal injury claim.
However, it can be challenging to recover the maximum compensation owed when negotiating with insurers, which is especially true if you intend to pursue non-economic damages like:
- Pain and Suffering
- Loss of Enjoyment of Activities
- Worsened prior injuries due to the collision
- Emotional Distress
In most cases, getting maximum compensation requires the skill and experience of a proven Florida auto accident attorney. That’s because, unlike economic damages, non-economic damages don’t have an exact monetary value attached to them.
File Your Personal Injury Claim Within The Florida Statute of Limitations
According to Florida Statute § 95.11(3)(a), individuals have four years to file a personal injury suit against another person. However, there are exceptions, including but not limited to:
- The injured person was incapacitated (i.e., short or long-term mental illness) at the time of the accident. In that case, the statute of limitations is seven years from the date of the accident.
- The individual who caused the accident leaves Florida after the accident, but before the lawsuit is filed AND the defendant attempted to conceal their identity in order to prevent or delay a lawsuit.
Generally, your Florida accident attorney is likely to suggest filing a personal injury claim much earlier than the statute of limitations allows to ensure fresh evidence and memories from the scene.
Prove The Other Parties Negligence
Negligence is the cornerstone of most personal injury cases. Generally, Florida regards negligence as the failure to use reasonable care that an otherwise reasonably responsible person would use under similar circumstances. To win a negligence-based personal injury case, you must prove the following:
- The defendant owed the victim a duty of care
- The defendant did not provide (breached) their duty of care
- As a result of the defendant’s negligence, the plaintiff suffers injuries
- The injuries sustained by the plaintiff are compensable
Furnish Proof of Your Injuries and Damages
Receiving maximum compensation for your injuries requires concrete proof of the injuries sustained. Generally, the best way to document your injuries and their effect on your life include:
- Obtaining evidence from the scene include pictures and videos
- Seeking immediate medical attention and strictly following physician orders
- Adhering to all prescribed rehabilitation
- Writing daily journal entries after the accident describing your injuries, pain, etc.
- Waiting to settle the case until you’ve reached Maximum Medical Improvement (MMI)
- Hire a Florida auto accident attorney who can help you build your case
Clearly Convey Pain And Suffering And How it’s Linked to the Accident
Before you can pursue damages for pain and suffering, it’s essential to understand what qualifies as pain and suffering in Florida. Generally, pain and suffering refers to the physical and emotional pain the plaintiff endures due to the accident and subsequent injuries.
Common examples of pain and suffering include headaches, body pain, neck pain, etc. Further emotional pain and suffering can include sleeplessness, PTSD, fear, anxiety, etc., resulting from the collision.
It’s important to clearly differentiate your pain and suffering post-accident from your life before the accident occurred. That means that you and your Florida accident attorney need to prove how your life has worsened after the accident.
Stay Away From Social Media
If you’re claiming significant economic and non-economic damages in your personal injury case, it’s essential not to publish posts on social media sites that could infer otherwise. For example, if you’re claiming serious back injuries, but your Facebook page shows videos of you energetically participating in physically strenuous activities, your case could suffer. Most auto accident attorneys recommend staying away from all social media activities until the conclusion of your case.
Contact a Florida Auto Accident Attorney Today
Suppose you’ve suffered significant injuries resulting from the negligence of another party. In that case, you may be eligible to receive maximum compensation for your damages. However, recovering maximum damages isn’t always an easy task.
Hiring the best Florida auto accident attorney for your situation can be the difference between a successful personal injury claim and an unsuccessful claim.
At Schrier Law Group, our auto accident lawyers have been instrumental in recovering hundreds of millions of dollars in personal injury cases. We’re confident that we can help you achieve the best results in your case as well. Contact us today at 1-800-700-7285 for your free initial consultation.