Getting Medical Expenses Covered After an Accident

Thu, Jun 30, 2011

Personal Injury

Florida personal injury lawyersAfter an accident, one of the last things you want to think about is your medical expenses.  Some people have health insurance to cover a major part of their costs. But for those who have to pay a large percentage or all of their medical expenses, an accident can lead to financial hardship and even bankruptcy. There are plenty of commercials out there about Florida Personal Injury Lawyers and how they will fight for you against big insurance. But before you call them, know something about your rights when it comes to getting your medical expenses covered.

In the state of Florida, there are two types of damages that can be sued for in a personal injury case. Those damages are economic and non-economic. Economic damages are the loss of wages and medical expenses. Non-economic damages cover pain and suffering, inconvenience and mental anguish, to name a few. In the state of Florida, you are not entitled to non-economic damages unless you are permanently injured. This has to be documented by a doctor after you have gone through the healing process and still suffer from the injuries. Your Sarasota Attorney should have a few names of personal injury physicians who are familiar with the court process. In this instance it is called a permanency requirement and this only applies to motor vehicle accidents.

In order to sue for damages, the plaintiff has the burden of proof that the injuries were caused by the defendant’s negligence. This means either the defendant didn’t do something they should have done, or they did something they weren’t supposed to do and as a result you were injured. Florida personal injury lawyers are well aware of what is needed to prove your case in court.

Some jurors are not fond of personal injury cases due to a preconceived notion that those who bring injury lawsuits to court are schemers. The plaintiff not only has to prove their case but they also have to overcome the sometime extreme prejudice when it comes to personal injury lawsuits. Some cases don’t even make it to court because the evidence overwhelmingly shows that the defendant was in the wrong and that there is no question the plaintiff would win the suit.

In many cases, your Sarasota attorney will work with the defendant’s insurance company to get the case settled out of court. In some instances, it is still taken to court because the insurance companies drag their feet or offer less than what the victim is entitled to for loss of wages and medical expenses.

When consulting any Florida personal injury lawyer, make sure to tell them the whole story, if there were any witnesses to the accident, as well as the accident report number on file with the police agency in charge of the accident scene. The better armed you are for court beforehand, the less the lawyers will take in fees when you are finally awarded your entitled damages.

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