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Why is Pain and Suffering Costing Victims Financially?

Why is Pain and Suffering Costing Victims Financially?

Beyond physical pain and suffering post accident, medical bills are financially devastating. This article details the financial side of pain and suffering.

Accident victims are unfairly paying for their pain and suffering financially! When one puts the average American’s healthcare cost up against the victim of an accident, the difference is staggering. Health insurance that covers the cost of sustaining severe injuries as a result of an accident forces a victim into financial ruin. This can happen to anyone, if the victim was, at one time, financially stable. Beyond physical pain and suffering post accident, medical bills are financially devastating. Accidents are expensive, and that’s not the victim’s fault. It should not fall on the shoulders of those who sustain injuries by no fault of their own to foot the high cost of healthcare.

It should not fall on the shoulders of those who sustain injuries by no fault of their own to foot the high cost of healthcare.
It should not fall on the shoulders of those who sustain injuries by no fault of their own to foot the high cost of healthcare.

What should happen, legally, after an accident?

It’s important for accident victims who sustain serious bodily injury to seek the best possible legal advice–ASAP. Victim’s should do this as quickly as possible. Preferably, seeking legal advice should be the first thing a victim does after recovering on the medical side. Once all acute injuries are stable, it’s time to look at the legal side of pain and suffering. Usually, by the time a lawyer accepts a case, the client has waited an extended time to seek legal advice out of fear. This may be due to insurance companies’ attempts to scare off accident victims from filing a claim. Some victims feel they can attempt to fight the insurance company alone. This is never a good idea. Trying to fight the insurance company alone could run the clock down on the Statute of Limitations. This can be what kills the case.

Why are victims’ paying financially for their pain and suffering?

When it comes to medical bills for chronic pain such CRPS, the financial pain and suffering is endless. Treatment for lifelong illnesses such as CRPS can run in the hundreds of thousands of dollars–YEARLY. Looking at past medical bills can dictate a victim’s financial future. When a lawyer takes a case in which the victim is suffering from CRPS after Medical Malpractice, hundreds of thousands of dollars of debt may already have accrued. For this reason, victims should never wait longer than necessary to seek legal advice.

The insurance company is never a victim’s friend!

Victim’s are paying in mental anguish for the financial side of their injuries. Even when victims make an honest effort to chip away at medical debt, the insurance company still wants more. More “proof” of injury. More for the victim’s monthly premium. It seems more is the insurance company’s favorite word. And it hurts victims! However, when an insurance company repeatedly denies a legitimate claim, it means the beneficiary is entitled to the maximum amount of compensation allowed by law. To pursue this, the beneficiary must seek the advice of a Personal Injury attorney.

How does the Statute of Limitations factor into pain and suffering?

When a Personal Injury attorney accepts a case, they must be certain the victim has not exceeded the Florida Statute of Limitations. No matter the potential client’s pain and suffering, a case may not hold any weight if the Statute has run out. Under normal circumstances, a Personal Injury attorney will not accept a case in which the victim has run the clock on the Statute of Limitations. There are several exceptions for specific cases. This “Discovery of Harm” principle may apply on a case-by-case basis. Those who exceed the Florida’s time limits for litigation should still contact a Personal Injury law firm for specific advice on their situation.

When a Personal Injury attorney accepts a case, they must be certain the victim has not exceeded the Florida Statute of Limitations.
When a Personal Injury attorney accepts a case, they must be certain the victim has not exceeded the Florida Statute of Limitations.

Should the victim exceed the Florida Statute of Limitations, there is usually nothing that can be done. Aside from the specifics of the “Discovery of Harm” principle above, the Statute of Limitations is set in stone. It’s important to remember that after seeking the proper medical care, the legal aspect is time sensitive. The next step must be retaining a Board Certified lawyer. Specifically, victims should retain a lawyer that frequently sees high dollar verdicts and settlements.

Choosing a lawyer with the most experience is important

When it comes to the reality of pain and suffering both physically and financially, restoring the client’s quality of life is the #1 priority. The insurance company should never be allowed to place a dollar amount on what a client deserves to get better. Most victims who sustain serious injuries in accidents due to Medical Malpractice suffer both physical and financial in equal measure. Pain and suffering in all aspects of a client’s life must be taken seriously. There is no single area a lawyer should place more emphasis on than another.

The client may be suffering in all aspects of their life: physical, financial, and emotional. Thus, compensation awarded must be sufficient to ensure recovery to the fullest extent possible. Whether compensation comes in the form of a settlement during mediation, or a verdict at trial, a client should never settle for a law firm who isn’t fighting for their best interests.

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