As discussed in our uninsured/underinsured motorist blog post, when you are injured in an automobile accident you first look to your $10,000 of no-fault Personal Injury Protection Coverage under your auto insurance policy for payment of your medical bills and lost wages. This coverage can be exhausted quickly with an emergency room visit, subsequent treatment, or lost wages.
Next you look to the at-fault party’s insurance to see if they have a coverage called bodily injury liability. In order to make a claim against that coverage and recover damages for pain and suffering, an injured party must show they have suffered a: (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, or (d) death. Florida Statute §627.737(2).
To support a claim for pain and suffering we often present a written report from the injured party’s treating physician regarding the party’s medical condition and prognosis. Insurance companies trivialize and minimize these claims and often suggest the injured party is exaggerating. The attorneys at Tuttle Law anticipate these arguments and know how to best present an injured party’s case. If you have been injured in an accident call us at 772-571-4441 for your free consultation.