Generally damages are defined as the amount of money sought to compensate someone injured by the negligence of another. As Florida is a "no fault" state, a person injured in a car accident must seek payment of the first $10,000.00 of their medical bills and/or lost wages from their own insurance company, not the person who caused the car accident; this is what is covered under Personal Injury Protection, known as PIP.

Once your own $10,000.00 of PIP coverage is used up, or exhausted, then the person who caused the accident is responsible for any additional reasonable and necessary medical expenses and documented lost wages, in the past and in the future.

Thereafter, assuming a jury finds that the car accident victim sustained either a permanent injury or significant permanent scarring or disfigurement, the injured victim will also be entitled to non-economic damages including pain and suffering, mental anguish, loss of enjoyment of life, disability and disfigurement. Usually the determination of a permanent injury in car accident cases is based in large part upon a treating doctor's testimony, and objective documentation of such injury, including x-ray or MRI findings.

Of course, the insurance company for the person who caused the accident will hire their own expert to testify that such injuries are either not permanent or were caused by something other than the car accident, including any prior injuries or accidents.

If you or a loved one were injured in a car accident due to someone else's fault,
CONTACT the Law Offices of Joseph I. Lipsky, P.A. ONLINE OR CALL US in Ft. Lauderdale/Broward County at (954) 693-0073, (305) 821-7333 (Miami-Dade), 561-514-3535 (Palm Beach County), or (305) 296-6300 (Monroe County) TO SET UP A FREE NO OBLIGATION CONSULTATION.