Victims of vehicular accidents may seek remedy for sustaining personal injury due to the negligence of another driver. Negligence may be defined as the absence of the degree of care expected from a reasonable man at any given circumstance. Personal injury, on the other hand, encompasses any injury sustained as a result of the accident, including loss of body parts, impairment of body parts, disfigurement, and loss of bodily function, among others. In most cases, the car insurance covers medical expenses up to $10,000 regardless of who caused the crash. Thus, for a vehicle to be registered in Florida, car owners are required to acquire a Personal Injury Protection (PIP) insurance and a Property Damage Liability (PDL) insurance. These packages shall cover the necessary medical expenses and compensation for damage to another person's property, respectively. Nevertheless, an injured person may still file a lawsuit against the offender if as a result of the negligence of the other party, he/she sustained any of the following : permanent injury, significant and permanent scarring or disfigurement, significant and permanent loss of a bodily function, or death.

In all of these cases, the injured party may be entitled to three types of damages. These are economic damages, non-economic damages and punitive damages. Economic damages are easily quantifiable and are calculated based on lost wages, legal fees, medical expenses, property damages, and the like. Non-economic damages, however, cannot easily be determined. Such compensation shall be calculated depending on the injury inflicted and its corresponding consequences such as impairment or disfigurement, temporary or permanent loss of bodily functions, and disability leading to the injured person's pain and suffering or decreased quality of life. In certain circumstances, punitive damages or exemplary damages, are awarded to the plaintiff in addition to the actual damages. This shall serve as punishment and further compensation to the plaintiff should the defendant be found to have acted in bad faith or in gross violation of the traffic laws such as reckless driving, driving under the influence, and driving with an expired, invalid or suspended license, among others. The claimant, however, bears the burden of proving to court that punitive damages are appropriate by providing clear and convincing evidence that the defendant was guilty of gross negligence, as stipulated in Florida Statute 768.72.

Needless to say, Florida Statutes Section 95.11 (3)(a) provides for the limitation of the recovery of damages from an action founded on negligence. Thus, the injured party shall file a lawsuit to seek legal remedies within four (4) years from the date of the incident. Exceptions to the general rule are cases where the injured party is incapacitated or temporarily or permanently declared mentally ill, when the person who caused the injury left Florida before lawsuit was filed, and when the offender concealed his/her identity to prevent or delay the legal processes. In such cases, the injured party has at most seven (7) years from the date of the incident to file the lawsuit.

Due to the foregoing, it is important to seek the assistance of experts in the legal profession to obtain just and fair compensation for personal injuries sustained by individuals or their loved ones. Florida is bound by the legal doctrine of comparative negligence, where the contribution of each driver is taken into account when calculating the compensation to be recovered. With a car insurance in place, the injured party shall recover damages minus his/her proportionate contribution to the crash. However, with the legal team David Law Office has to offer, the client is guaranteed its rightful compensation considering the circumstances.