The Rules for Pain and Suffering Damages – Miami Personal Injury Lawyer
When you are injured in an accident, the injury can often be more than the physical pain you are suffering from. Severe injuries may also cause psychological and emotional issues as well. This is especially true when a negligent third party caused the injury.
A personal injury lawsuit is designed to help those who were injured get compensation for their injuries. In some cases, this compensation may include damages for emotional distress, pain, and suffering.
A personal injury claim falls under tort law. This law states that a person may recover damages when their rights are infringed upon or when a wrongful act has been committed against them. An individual who has been injured may ask for recovery for all of the damages that resulted from the act. For example, a person who was injured in a car accident may sue for property damage, lost wages, medical bills, and other damages including pain and suffering.
There are some restrictions that apply when receiving compensation for pain and suffering. Here are some things that can affect recovery in personal injury cases. A Miami personal injury lawyer will be able to discuss all of these situations with you in further detail.
Emotional and mental injuries are damages not capable of being objectively observed. For example, a physical injury can easily be seen. However, a person may fake a mental health issue in order to get compensation. Since the law does not want to support a fictitious claim, the impact rule is in place.
The impact rule states that physical contact is required to show that harm may have occurred to the point that one could see that emotional stress could have been inflicted on the victim. It is not difficult to prove that physical impact occurred as any type of outside force that touches the body of the victim meets the requirement. The state of Florida is one of the few states that follows this rule, but there are several exceptions that may negate the application of the rule, making it less restricting when trying to recover for damages. A Miami personal injury lawyer will be able to help you determine how this rule affects your particular case.
Exceptions to the Rule
It is important to note that the impact rule will not prevent a person from recovering damages for mental anguish if a physical injury was the result of an act of negligence. The rule was meant to restrict claims that are entirely based on emotional trauma when a physical injury is not present. While the rule is considered the standard, there have been exceptions made in Florida courts to the impact rule. These include:
- Watching a close family member suffer from a significant injury or death
- Ingesting a foreign object
- Confidential patient information being shared by a medical doctor
- Being patted down or touched while being robbed
It is also important to note that the rule does not apply to an intentional tort such as defamation, invasion of privacy, or other types of purposeful infliction of emotional trauma.
The majority of personal injury claims are based in negligence. If negligence is established, a person who has been injured may sue the party for damages. Slip and falls, car accidents, and premise liability cases are the most common types of personal injury cases. An experienced Miami personal injury attorney will be able to help an injured victim resolve all claims related to their accident.
Injured? Get Help
If you have been involved in any type of accident, contact a Miami personal injury lawyer right away. An experienced attorney will be able to discuss your case with you and ensure that you are properly compensated for any injuries you have suffered. Personal injury laws can become a bit tricky, which is why it is best to have an experienced attorney handle your case to ensure that you are treated as fairly as possible after your accident.
We handle a variety of cases, so call us now if you have any questions.
View more contact information here: Miami Personal Injury Lawyer.