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When can one sue for pain and anguish after a car accident?

There are many car accidents in Florida each year. Some of the accidents are minor with no injuries and very minimal damage. Others are very severe and result in death. There are also a wide range of accidents that occur in between these two extremes. The extent of the injury varies quite a bit as well. Any injury can cause hardships to the victim though and they may suffer as a result.

Often times the victim wants compensation for their injuries and the damage to their car, but some also want compensation for the pain and anguish the accident caused them. Often times due to the injury a person is not able to participate in certain activities and that is not easy for them. However, not everyone is entitled to that in Florida. Only in certain situations can a victim sue the person responsible for the accident for pain, suffering, mental anguish and inconvenience.

In order to do so certain requirements must be met. These requirements are: significant and permanent loss of a bodily function, permanent injury based on medical probability, significant and permanent scarring or disfigurement or death. The victim must allege that one of these conditions are met with some medical proof.

If the person responsible for the accident does not think the requirements have been met, they can challenge it before the trial takes place. The judge then must make a determination as to whether the victim has adequate evidence to at least present at trial to prove the requirements have been met. If the judge does not think that there is enough proof, he or she can dismiss the case.

Car accidents in Florida cause many injuries every year. Some of the injuries are permanent and will prohibit the victim from participating in all the activities they did before the accident. This post provides only general information about when a victim may be able to seek compensation for pain and suffering and is not legal advice. Experienced attorneys understand the law and may be able to provide further advice regarding compensation.

Source: Florida Legislature, "Florida Statute 627.737" accessed on December 29, 2014

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