For many people who have been in car accidents, the aftermath can involve the development of chronic pain. If you have been in a Florida car accident and are experiencing ongoing pain weeks or even months later, you may be wondering if you can recover compensation for it. The good news is that you can recover compensation for chronic pain in Florida. Here’s what you need to know about recovering compensation for chronic pain after a Florida car accident.
What Is Chronic Pain?
Chronic pain is defined as pain that lasts more than twelve weeks or three months. This pain can result from an injury, condition, disease, medical treatment, or an unknown cause. You may experience pain throughout, or it may come and go. In a car accident, chronic pain can result from, among others;
- Spinal cord injuries
- Traumatic brain injuries (TBIs)
- Whiplash or soft tissue injuries
- Fractures
- Herniated or bulging discs
These injuries can result in back pain, neck pain, joint pain, nerve pain, or headaches. Chronic pain can interfere with mobility, sleep, and daily activities, making it hard to work, perform daily activities, or enjoy life as before. Pain may persist even after injuries are no longer visible, necessitating long-term treatment. It’s vital to seek medical treatment and explore your legal options if you are experiencing chronic pain after a car accident.
Florida’s Legal Requirement for Seeking Full Compensation for Chronic Pain
In Florida, drivers are required to carry personal injury protection (PIP). PIP covers medical expenses and lost wages in the event of a car accident, regardless of fault. However, these benefits are limited and don’t cover non-economic damages like pain and suffering.
To step outside the no-fault system and seek full compensation for your chronic pain in a personal injury claim, not only must your injuries have been caused by another person’s negligence, but they must also exceed the serious injury threshold. Under Florida Statute 627.737(2), for injuries to be considered serious in Florida, they must meet at least one of the following categories;
- Permanent injury within a reasonable degree of medical probability
- Permanent loss of a crucial bodily function
- Significant and permanent scarring
- Death
If your chronic pain is linked to a qualifying injury and your accident was caused by another party’s negligence, you can file a claim and seek full compensation for your chronic pain.
Damages You Can Recover for Chronic Pain
If you are eligible to file a personal injury claim and seek compensation for your chronic pain, the following are some of the damages you can recover;
- Medical expenses (past and future)
- Lost wages
- Reduced earning capacity
- Emotional distress
- Pain and suffering
- Loss of enjoyment of life
Proving Chronic Pain
Because chronic pain is not visible, it can be challenging to prove. However, it is not impossible. Evidence that can help prove chronic pain include;
- Medical records
- Expert testimony
- Testimony from family, friends, and co-workers
- Pain journal
An experienced attorney can help you gather the appropriate evidence. Florida has a two-year statute of limitations for filing personal injury claims, so it’s best to speak to an attorney as soon as possible so they can start building your case.
Contact Us for Legal Help
To get help with your case, contact our West Palm Beach car accident attorneys at The Pendas Law Firm.
The Pendas Law Firm also represents clients in the Miami, Orlando, Ocala, Jacksonville, Tampa, Bradenton, Daytona Beach, Naples, Melbourne, Fort Myers, and Fort Lauderdale areas.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.737.html
