Recovering Damages for a Disabling Condition

August 7, 2018 | Category: Personal Injury | Share

If you have sustained injuries in an accident due to the negligence or wrongful conduct of another party (individual or entity), Florida law may entitle you to receive damages as compensation for your losses, including losses related to any injuries or conditions that are disabling.

Though many individuals associate injury-related disabilities with the ability to obtain some sort of disability insurance coverage, the reality is that injured plaintiffs may be entitled to sue the defendant and recover damages for their disabilities, if circumstances allow.

Curious?  Let’s take a look at the basics.

Disabling Conditions Can Significantly Impact Damages

Suppose that you are injured in a car accident.  You suffer a spinal cord injury that renders you incapable of standing or walking for more than 15 minutes at a time.  Perhaps, prior to the disabling injury, you were a highly active athlete and you worked in the construction industry as a manual laborer.

How will this impact your claim for damages?

Generally speaking, your damages are related to your deficits.  There is no specific definition of disability that you have to meet to secure damages as compensation for the deficits imposed by the disability.

Given the previous example, you would likely be entitled to damages related to:

  • Wage loss (inability to work in your current career)
  • Loss of future earning capacity (inability to take on work that you are reasonably qualified to perform)
  • Medical expenses (which may include substantial costs for long-term treatment and rehabilitation)
  • Pain and suffering (including loss of enjoyment of life due to an inability to engage in various social and recreational activities)
  • Emotional distress
  • And more

In proving your damages, you’ll want to ensure that you have a comprehensive record of your disabling condition, from medical records to statements by your physicians, colleagues, and vocational experts.

Identifying and gathering the necessary evidence can be a challenge, so it’s important to contact a qualified attorney for assistance.  Here at the Spivey Law Firm, Personal Injury Attorneys, P.A., we work with a trusted team of investigators, experts, and others who can help us to evaluate your injury, as well as the extent of your deficits and impairments.  This gives us deep insight into how to present your case in the most effective manner.

Contact a Qualified Fort Myers Personal Injury Lawyer to Request a Free and Confidential Consultation

Attorney Randall Spivey has years of experience representing injured Florida plaintiffs in a range of personal injury disputes, from car accident scenarios to recreational boating accidents.

Our firm is committed to providing comprehensive legal services. Unlike many of our competitors, we view the attorney-client relationship as a collaborative engagement.  Our willingness to maintain open lines of communication ensures that we are fully apprised of all relevant information, which allows us to put forth a more thoroughly-supported argument.

Ready to learn more about your injury claims?

We encourage you to call (888) 477-4839 or submit an online case evaluation form to schedule a free, confidential, and no-obligation consultation with an experienced Fort Myers personal injury lawyer.

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Spivey Law Firm 13400 Parker Commons Blvd.
Fort Myers, Florida 33912

(239) 337-7483

Free Consultation