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Recovering Damages From an Auto or Motorcycle Crash

In Florida, in order to recover money from the at fault party or parties above the amount of your out-of-pocket medical expenses and  wage loss one must meet one of four criteria:

  1. Significant and permanent loss of an important bodily function, or

  2. Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement, or

  3. Significant and permanent scarring or disfigurement, or

  4. Death.

The failure to meet one of those 4 criteria will result in your claim being severely limited as you will only receive money for any out-of-pocket medical expenses and wage loss Incurred in the past or to be incurred in the future.

To determine whether or not you have met one of the four criteria listed above, your attorney should meet with your treating physician or physicians to review your medical history, treatment and future needs. Your attorney should then request a narrative report from the treating physician setting forth your complaints, treatment received, why that treatment was necessary, whether future care will be required and its cost, your final diagnosis and whether or not you have met one of the criteria listed above within a reasonable degree of medical probability.

You are entitled to recover past and future wage loss and  medical expenses whether or not you have met one of the four criteria listed above.

You will be entitled to recover damages for pain-and-suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, aggravation of a disease or physical defect and loss of capacity for the enjoyment of life sustained in the past and to be sustained in the future if you have met one of the 4 criteria listed above.

Helping you obtain full compensation is your attorney’s responsibility.

The Law Offices of J. Stanford Morse P.A. has been representing victims of auto and motorcycle crashes for over 40 years. Call Mr. Morse at 727-347-7737.

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