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If you are injured in an auto accident will you have to sue to recover pain and suffering damages?
State laws on the recovery of damages for pain and suffering vary greatly. In lieu of a lawsuit, I recommend mediation (I happen to be a certified mediator--doesn't work with insurance companies) or arbitration (which can be binding or non-binding). However, a lawsuit will likely be the only way you will be able to collect pain and suffering if you are battling an insurance company. A personal injury lawyer in your area can give a free consultation (see the yellow pages) and inform you of your state's laws on damages for pain and suffering, as well as any alternative dispute resolution forums in your area.
What else can I help you with?
How can I recover damages from a car accident when the fault driver has no insurance?
Sue
Noncriminal wrongs for which the injured party can sue ans recover damages?
Torts
Can you sue a drunk driver for damages if they died in the accident?
Get a lawyer. You can recover damages from his estate but it needs to be filed before the estate clears probate.
What are auto insurance property damage fault determination rules in MA?
Mass is a Modified Comparative state, but I'm not sure if it is 50/50 or 51% rule, I found conflicting info.In states with a modified comparative fault - 50% rule, an injured party can only recover if it is determined that his or her fault in causing the injury is 49% or less. If the injured party's fault level reaches 50%, he or she cannot recover any damages. In states with a modified comparative fault - 51% rule, an injured party can only recover if it is determined that his or her fault does not reach 51%. If the injured party was 50% or less at fault, he or she may still recover damages. In other words, a plaintiff may have caused half of the accident and still recover damages from the court, but if it is found that the plaintiff's fault was responsible for more than half (thus 51%), of the accident, that plaintiff is barred from recovering any damages. It is also Joint and Several liability. Remember that exceptions to the standard negligence systems are present in several states. Some states limit the types of cases these negligence systems apply.
How does civil law help the victim of a case of drinking driving accident?
The victim would be able to file a civil law suit against the driver (and others) and attempt to recover their damages from the accident, such as medical expenses or damages to their property.
How long do you have to file a claim with an uninsured motorist after an accident?
You have 2 years to take him to small claims court to recover your damages.
Can you be sued if you cause a auto accident?
In most U.S. states you can be sued for any damages and/or injuries that are not taken care of by your insurance coverage. A few states have laws which only allow the injured party to recover the amount alloted by the insurance coverage when specific circumstances exist.
Is florida a comparative negligence state?
Yes, Florida is a comparative negligence state. This means that if an individual is injured in an accident, their compensation can be reduced by their percentage of fault in the incident. Florida follows a "modified comparative negligence" rule, which allows recovery as long as the injured party is not more than 50% at fault. If they are found to be 51% or more at fault, they cannot recover any damages.
Can the owner of a vehicle force someone to pay for damages caused in an accident while driving their car with the owners permission?
Yes, you can file a lawsuit in the proper court and recover your damages if the person is unwilling to pay voluntarily.
What does noneconomic mean in a medical malpractice lawsuit?
Noneconomic damages are for pain and suffering. Tort reform often involves imposing maximum amounts that plaintiffs can recover for these damages, since they are very difficult to put a price tag on.
Is anxiety considered personal injury?
That issue sometimes arises in matters that require, by law, a permanent injury in order to recover damages for "pain and suffering". Many states employ the "impact rule" which requires a physical impact before one is entitled to recover damages for anxiety (by whatever name called).
What states have a cap on how much you can sue in a car accident?
Several states in the U.S. have caps on damages you can recover from car accident lawsuits, particularly for non-economic damages like pain and suffering. For instance, California has a cap of $250,000 on non-economic damages in medical malpractice cases, while states like Texas and Florida impose limits on punitive damages. It's essential to check the specific laws in each state, as these caps can vary significantly and may not apply to all types of claims. Always consult a legal expert for the most accurate and detailed information regarding your particular situation.
