Damages

Are medical malpractice awards subject to a cap on damages?

There used to be a cap or different caps in Florida. These have been abrogated by case law. There should not be at the time of giving this statement, answering this question any caps on medical malpractice awards in Florida.

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Can I receive damages for pain and suffering in a Florida medical malpractice case?

Pain and suffering is a very, very important element of damage in any malpractice case, in any case in Florida in which you sue for negligence. Malpractice is nothing more than negligent medical care. Medical care beneath an appropriate standard of care. And of course you must be physically or mentally injured in order to have pain and suffering damages. But absolutely, pain and suffering damages are an important key element of any medical malpractice claim.
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Can a passenger recover damages for injuries caused by the other driver in a Florida auto accident case?

If the other driver is not driving at a reasonably safe manner, of course. The driver is responsible to all the occupants of a car that they come into contact with, for their negligent driving.

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My state has a comparative negligence law. How does that work and who decides how much I’m at fault?

It works like this: If the driver that hit you is not 100% of the fault, and you’re 20% at fault, that means you’re able to obtain 80% of the value of your damages. But who decides that ultimately is either by agreement, and that never works. What happens is if you settle a case and you’re satisfied with the monetary compensation, then it’s settled. If you’re not satisfied, then you have to file your lawsuit and go to court and a jury decides comparative fault, how much one party is at fault and how much the other party is at fault.

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My physician determined that my injuries from my Florida car accident are permanent. How can I protect my future?

y this time you should have obtained an attorney to help you represent yourself and your case, and your attorney will be able to advise you on whether to try to settle the case, whether to file the case, or what to do, so take the advise of your counsel.

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What constitutes pain and suffering in a Florida auto accident case?

Well if you have injuries, you have inability to do things, and you have inability to lead a normal life this is a type of pain. Pain is both physical and mental, and if you have a legitimate injury you are entitled to compensation for your pain and suffering, for your inability to lead a normal life, for your mental anguish for losing your job, or losing capacity to do certain things. All these things are under the amid of pain and suffering.

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What is a permanent injury?

Permanent injury basically is any injury that causes you permanent damages. It doesn’t mean you can’t work or help. If you have permanent pain, that’s a permanent injury. If you have scarring, that’s a permanent injury. If you have a partial incapacity to do anything and that persists, that’s a permanent injury. Anything that’s permanent is permanent. It means just what it says.

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When is a hospital considered at-fault for a patient’s injury?

Well, first of all, you have to consider the hospital at fault. If you know or you should’ve known that a hospital did something that injured you, then you consider the hospital at fault. Then you should see a lawyer that does medical and hospital malpractice. Hospital malpractice is a type of medical malpractice. Hospitals are held to a standard of care like other hospitals, and they can’t fall beneath that standard of care. It’s up to your lawyer to get you an expert to testify potentially in the future that the hospital fell beneath the appropriate standard of care, but if this is in dispute, you have to file a lawsuit, and the lawsuit will determine by the jury verdict of the hospital is at fault.
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If I Miss Work as a Result of a Florida Car Accident, Can My Lost Wages Be Recovered?

Your lost wages is an element of damages that you might suffer as a result of an accident, along with any physical damages, so they should well be recovered.

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