CAR ACCIDENTS IN US: Florida Car Accident: Settlement Question

*Florida Car Accident: Settlement Question*

Florida Car Accident: Settlement Question

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Home Page [8] > Law [9] > Personal Injury [10] > Florida Car Accident:
Settlement Question

Florida Car Accident: Settlement Question

*Edit Article* [11] |

Posted: Dec 26, 2009 | Views: 221
|

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The following is an expert answer given by Florida Auto Accidents [12]
Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A
service on the internet:

Question:
One month ago, in my vacation time, somebody hit my car from rear. The
car was called total loss and I got paid for that. There was a little
pain in my back for a few days. I needed to go overseas so I did not
seek medical examination and treatment. While overseas, I got a
medical examination (x-ray and MRI), the results were all OK and I
paid only a very small percent of the actual fees.

When I got back, the insurance company contacted me and offered 0 for
settlement. In the pain and suffering perspective, I am OK with the
offer. But, although I was out from my company with a paid leave, I
have losttime from my holiday time due to time spent in and after
accident (medical examination, buying a new car etc). The insurance
company's adjuster told me that, as I was on vacation, they are not
going to compensate that.

It does not sound meaningful to me so I wanted to take advice from an
expert.

Thank you.

Answer:
I am an attorney in Florida, so I can only speak about what type
damages you can recover in a *Florida car accident*. If you were
injured in a Florida car accident, you can recover damages for medical
bills, lost wages, and pain and suffering, and any other out of pocket
expenses incurred as a result of the accident. Based upon an impact
which totaled your car, an offer of 0 is very low, however their offer
is going to be based upon whatever injuries you suffered and the
amount of medical care you have received.

Your email states that you have lost holiday time due to time spent
from the accident. If you accrue that time, and can be paid whatever
time you have accrued if you were to leave the company, then that is
an out of pocket expense that you have incurred and the insurance
company should have to reimburse you. If the time you are referring
to is just your vacation time, and you would have been taking that
time regardless of the accident, then the insurance company is
probably not responsible for paying you for that time. It sounds
like the insurance adjustor may be confusing the vacation time being
used when the accident occurred, with time spent after you returned
from vacation for medical visits and buying a new car.

As for pain and suffering from a Florida car accident, Florida Statute
section 627.737 states that "a plaintiff may recover damages in tort
for pain, suffering, mental anguish, and inconvenience because of
bodily injury, sickness, or disease arising out of the ownership,
maintenance, operation, or use of such motor vehicle only in the event
that the injury or disease consists in whole or in part of:

(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.

The value of your claim depends on a combination of factors such as
any lost wages you may have suffered or may suffer in the future,
money paid for medical bills, bills that remain outstanding, or
medical bills you may have in the future, and pain and suffering, past
and future. So, if you only received a small amount of medical care,
I am guessing that there has not been a doctor that has stated you
suffered a permanent injury as a result of the accident. Without
that type of medical opinion, you are not entitled to recover damages
for pain and suffering. This is most likely the main reason the
adjustor is offering such a low amount.

Your state may have different laws, so it is important to check with
an attorney specializing in auto accident claims in your area if you
intend to pursue the claim further. My suggestion would be that if
you are still experiencing any problems from the injuries, and want to
get more medical care, do not settle the case for 0. Settling at
this point would require you signing a General Release which would bar
any claims down the road in the event your injures did not go away on
their own. But, if you are going to get more medical care, you
should do so now; don't wait.

If you are in Florida, I would be happy to discuss your claim further.
Most car accident personal injury lawyers will meet with you for a
free consultation before you decide to hire a lawyer. If you are out
of Florida, you should definitely try to speak with an experienced car
accident personal injury lawyer before you settle your claim.

Good Luck.

For more answers to questions about a *Florida car accident,* contact
the Florida auto accident lawyers at Joseph M. Maus, P.A.at
1-866-556-5529 or email them today.

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*Joseph M. Maus [15]* -
*About the Author:*

South Florida Attorney Joseph M. Maus and Associates has been helping
victims of injuries and accidents [16] for close to 16 years. The firm
prides itself on having the resources and experience of the largest
state-wide law firms, yet providing individualized attention to each
and every client.

]]>

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Article Tags:
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CAR ACCIDENTS IN US

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Florida Car Accident: Settlement Question

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