Can I Sue Even If My Car Crash Injuries Aren’t Serious?

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Can I Sue Even If My Car Crash Injuries Aren’t Serious?

suing with minor injuries

In most cases your ability to sue someone depends on your damages and your insurance coverage. In Florida where drivers are required to carry Personal Injury Protection (PIP) coverage, you can usually only justify bringing a lawsuit when the cost of your injuries, lost wages and pain and suffering exceed your PIP limits. You may be able to sue the responsible driver for costs over your PIP limits if the driver doesn’t have adequate coverage and you don’t have enough uninsured or underinsured motorist coverage to cover your additional costs.

However, if you’re seeking to sue someone for a perceived personal sleight or reckless actions you believe to be egregious, you’ll probably have trouble finding an attorney to represent you – unless you have legitimate damages. For example, you probably can’t sue a fast-food restaurant for messing up your order, or any business for failing to meet your customer service expectations. To sue a person, government entity or business, you need to have damages.

Damages can include many things, from health care costs related to injuries sustained due to negligence to physical pain or emotional trauma that detracts from your quality of life. If you have cuts and scrapes after a car crash and your medical bills fall below your PIP limit, you might have trouble successfully suing the other driver.

However, if a truly awful car crash left you with post-traumatic stress and you can prove it has had an extremely negative impact on your life, you might have a slightly better chance at negotiating a settlement. Not all injuries are physical.

Personal Injury Lawsuits Aren’t Intended to Make People Rich

Some of the highest profile personal injury cases – those that result in multi-million-dollar verdicts or settlements – might leave some people with the impression that a personal injury lawsuit is almost like winning the lottery.

There’s even a longstanding media trope of people trying to slip down stairs or jump in front of luxury cars in order to get a big personal injury payout.

The system doesn’t really work like that. Most of those seemingly massive personal injury verdicts are for people who have suffered catastrophic injuries and/or disfigurement. A permanent disability is a hugely expensive imposition with cascading effects on a person’s life. Many of those effects have financial consequences.

For example, if a person who makes their living in construction is suddenly paralyzed in an auto accident, they may need to find a new career. In some cases, they may not ever be able to work again. Instead of just months of lost wages, they may be looking at a lifetime of lost wages. If they’re relatively young and have several decades until retirement, their lost future wages damages could easily be in the millions.

In addition to lost wages, they might also require special equipment to get around. Their homes might need to be modified with chair lifts, wider doorways and limited mobility-accessible bathrooms. All these things are expensive.

The disabled person would also be entitled to significant pain and suffering damages. If they were an avid hiker before their accident, their personal injury lawyers can credibly argue that their disability robs them of one of their passions in life, resulting in a meaningful loss of enjoyment and fulfillment. If they have a family or children, they might no longer be able to help with parenting or doing chores around the house, leaving a family with higher childcare costs or the need to hire a cleaning service.

Catastrophic injuries can have profound impacts on a person’s life. Money doesn’t make up for the loss, but there’s no better alternative if it’s impossible to restore the injured person’s mobility.

A multi-million-dollar verdict isn’t worth permanent disability or disfigurement, but it can make life after the accident more bearable and comfortable.

Can I Sue for My Car Crash Injuries in Florida?

If someone else’s negligence resulted in a serious injury that has either left you out of work, paying high medical costs or with long-term emotional or physical pain, you might be able to sue. Every person’s situation is unique. The responsible party’s assets and insurance will likely play a role in your ability to negotiate or win compensation.

Experienced personal injury attorneys can help you determine whether you have a valid case and if the responsible party is likely able to pay your damages. The best way to find out if you can sue is to contact an injury lawyer with experience representing Florida car crash clients with your types of injuries.

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