Florida is one of the few states who remains a no-fault state when it comes to auto accidents. What this means is that every Florida motorist must carry personal injury protection or PIP insurance. This insurance is the first to kick in when injuries occur as a result of an auto accident.
When the injuries exceed the amount of PIP coverage, the injured party may then sue the insurance company of the at-fault driver. In personal injury cases, the victim may sue for the coverage of their medical bills, lost wages, and pain and suffering. Pain and suffering may include several different factors as the South Florida Reporter reports.
In Florida, if someone is injured due to another person’s neglect, whether it was intentional or not, the victim has a right to sue. This generally includes medical bills, lost wages, and damage done to the victim’s property. It may also include pain and suffering.
Pain and suffering are generally divided into two categories. These are mental pain and suffering and physical pain and suffering. When it comes to physical pain, it can include follow-up complications from the injury.
Mental pain and suffering are more difficult to prove in court. Mental or emotional pain and suffering involve negative emotions following an accident. These emotions can include fear, humiliation, anger, anxiety, and depression.
Automobile accidents and medical malpractice are the two primary types of occurrences that can lead to claims of pain and suffering.
Under Florida law, to claim emotional suffering, it must be accompanied by physical harm in most cases.