Should you Accept the Insurance Company's First Offer?

Florida Auto Accident Lawyer Discusses Money for Pain and Suffering in Florida Auto Accident Cases

Posted by Guy DiMartino | Nov 30, 2012 | 0 Comments

Florida car accident lawyer, Dr. Guy S. DiMartino, DC, JD, explains money for pain and suffering in car accident cases.

A common question, statement or rant I hear from clients when an insurance company makes their first offer is what about my pain and suffering? I have to explain to these folks for the fourth or fifth time that in Florida, pain and suffering damages are not automatic. You may be asking why is that? The answer is that is the way Florida No-Fault law was written. 

Florida No-Fault Law (PIP) – The Quid Pro Quo

In the 1970s, the Florida legislature said there was a lawsuit crisis.  These lawsuit crises have been going on for years and this excuse is used every time politicians want to change the law.  The alleged concern was that there were too many lawsuits filed for smaller automobile accident so they followed some of the states in the Northeast in formulating No-Fault automobile insurance.  The no-fault system provides medical care and lost wages up to $10,000 whether the person is at fault or not at fault for the accident.  As a trade off for this medical benefit, an injured person is not entitled to money for pain and suffering unless the injured person meets the “tort” or “permanency” threshold.  

Pain and Suffering Damages Money for pain and suffering is available in one of three situations: 

  • Permanent injury
  • Loss of an important bodily function
  • Significant scarring  

This tort threshold becomes to big battle ground in automobile accident cases. Insurance companies will fight it by hiring doctors to come in to court and testify that the injured person did not receive a permanent injury in the car accident.  Recently, the trend with juries is to compromise and give injured people their past and future medical expenses but find that they did not receive a permanent injury – so they do not have provide money for pain and suffering.  Pain and suffering damages are not easy to come by.  Car accident victims need to be sure to follow their doctors' advice and follow through will all treatment recommendations so the medical evidence supports a finding that there is a permanent injury. 

Florida automobile accident is complex.  If you have any questions about a Florida car accident case, call Dr. Guy S. DiMartino, DC, JD at (352) 267-9168 or fill out the internet consultation form on the right.

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+

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