Generally speaking, the answer is “no”. The state of Florida is a “no fault” state which means it requires motorists to carry “no fault insurance”. If you are in an accident, the first $10,000 of lost wages or medical bills are paid for by your own automobile insurance. Anything exceeding $10,000 is either paid by your health insurance, you as an out-of-pocket expense, or by suing the person at fault. Regardless of who pays, pain and suffering damages can not be claimed if a permanent injury was not sustained.
Having said that, an experienced personal injury attorney will be able to analyze your own individual set of circumstances to best determine if there is a larger claim. For example, I handled a case involving a bride-to-be that was injured in a car accident. The injuries prevented her from walking down the aisle and enjoying her honeymoon due to a fractured pelvis. While the pelvis would eventually heal completely, her wedding and honeymoon was ruined. Upon further investigation and discussions with her doctors, my firm was able to prove that our client did experience a permanent injury and she was able to recover compensation for her pain and suffering.
If you or someone you know has been injured in an automobile accident, please call me at 407-244-3000 for a free legal consultation.
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