When people have been injured in a car accident, they may believe that the biggest hurdle is going to be getting the insurance company to acknowledge that the other driver was at fault, or that they were injured as a result of the accident. However, many times, it is the nature of the injury that is the most fiercely contested issue. Attorneys for the insurance company will argue that the injuries are only temporary, thereby limiting the amount of damages that will be awarded. In Florida, damages for pain, suffering, disfigurement and for the loss of the enjoyment of life are only permissible when someone has a injury that according to the doctors is “permanent within a reasonable degree of medical probability.” Skilled and dedicated Miami car crash attorneys understand the importance of proving that the victims of car accident will suffer for a lifetime as the result of the negligent actions of the other driver.
Even low-impact car crashes can lead to permanent injuries that negatively can alter the life of the victim. The skilled and knowledgeable South Florida car accident attorneys at Greenberg Stone and Urbano understand how to build a successful case, demonstrating how the victim has suffered from an injury that will hinder his quality of life permanently. Our attorneys have more than 120 years of collective experience obtaining justice for our clients.
When a person is injured in a car crash, he may be able to recover the following damages:
• Medical expenses that were incurred as a result of the accident;
• Reasonably anticipated medical costs for long-term care and treatment of injuries caused by the crash;
• Lost wages;
• Compensation for lost earning capacity that is directly and approximately caused by the accident; and • Other expenses that reasonably can be traced back to the accident and any injuries.
One of the biggest sticking points in negotiating a settlement or arguing for a verdict is whether or not the injury is permanent. This is because a temporary injury will eventually lead to the accident victim being able to resume all activities that he undertook before the accident. This limits the amount of money awarded for lost earning capacity and long-term medical care. This limitation is why attorneys for the insurance companies fight against a determination of permanent injuries as ardently as they do.
In addition to a limitation of the payment of actual damages, a person with a permanent injury may be entitled to compensation for pain and suffering. However, this compensation is tied to long-term injuries, such as disfigurement, brain injuries leading to loss of cognitive or motor function, or loss of mobility caused by permanent damage to one or more areas of the body. Many times, the long-term nature of the injury is difficult to prove because it involves making projections far into the future. Fortunately for accident victims, there are medical experts who are able to review case files and reach reasonable conclusions about the permanence of a person’s injuries. It is imperative to have the right medical experts working on the side of the victim because insurance companies often have doctors who are willing to testify about the temporary nature of the harm.
Greenberg Stone and Urbano Has the Resources to Get the Right Results
When a person has been injured in a car crash, there are many different options for obtaining the compensation necessary to get the right treatment and care for his or her family. The victim can handle the matter on his own or he can retain an attorney. If you have been injured in a car crash, it is critical that you retain the right attorney, who has access to the best experts and professionals. The Miami car accident law firm of Greenberg Stone and Urbano has spent more than three decades developing legal acumen and building a network of valuable professional resources. Our commitment to our clients has led to an AV rating from Martindale Hubbell and acknowledgement as one of South Florida’s top-rated firms by the Miami Herald. Call us at (888) 499-9700 or (305) 595-2400 or visit our website to schedule an appointment so that we can fight for your rights.