Yes, you can recover for pain and suffering after a rideshare accident if you can prove that the person you’re pursuing this type of damage from is liable for the incident. You also have to meet the state’s legal requirements for proving pain and suffering as damage you sustained.
When you talk to a Fort Myers rideshare accident lawyer, your attorney can make sure the full extent of your physical pain and emotional distress is fully documented as part of your case. From there, you can pursue full compensation from the available insurance coverage.
Understanding Pain and Suffering in Florida Collision Cases
Pain and suffering are a misunderstood aspect of personal injury cases. This is especially true in the aftermath of a rideshare-related collision. Victims often assume that any compensation they receive will only cover their hospital bills or car repairs.
However, Florida state law also lets injured individuals pursue damages for these matters as long as they are caused by the collision:
- Physical pain
- Emotional distress
- Reduced quality of life
In a rideshare crash case, pain and suffering can include the following side effects:
- Ongoing physical discomfort
- Chronic pain
- Anxiety about riding in vehicles again
- Sleep disruption
- Emotional trauma
- The loss of enjoyment in everyday activities
These damages are considered non-economic. In other words, they don’t come with an obvious dollar amount, so insurance companies are known to minimize or dispute these damages. As stressful as that sounds, your lawyer can help you prove pain and suffering in your case.
Expect More, Receive More: Legal Support That Feels Like Family
Why Rideshare Accidents Legally Differ From Regular Car Crashes
Unlike a typical two-car collision, rideshare accidents involve corporate insurance policies that change based on what the driver was doing at the time of the incident. If the rideshare driver wasn’t logged into the app, then their personal insurance typically goes into effect.
Meanwhile, if they were logged in and waiting for a ride request, limited coverage from the rideshare company usually applies instead. Last but not least, if they were actively transporting a passenger or driving to pick someone up, commercial insurance coverage comes into play.
Your lawyer can take on the responsibility of determining which insurance policy applies in your case. This step is especially important because pain and suffering damages are usually only meaningfully recoverable when the appropriate insurance coverage is identified and pursued.
Can You Recover Pain and Suffering After a Rideshare Accident in Florida?
Yes, victims of rideshare accidents can recover pain and suffering damages. The only caveat is that you must meet the legal requirements under Florida personal injury law. However, recovering these damages is not an automatic process.
Rather, several legal factors will come together to decide if compensation is available in your case. For starters, Florida follows a modified comparative negligence system. If you’re slightly at fault for the accident, your compensation will be reduced by your percentage of fault.
If you’re more than 50% responsible for the collision, you will be barred from recovering damages altogether. This rule shows why it’s so important to have legal representation that can push back against unfair fault allegations made by insurance companies.
The Role Insurance Companies Play in Limiting Pain and Suffering Compensation
Insurance companies in rideshare cases aren’t focused on increasing how much money you can recover. Their number-one goal is to resolve claims as quickly and cheaply as possible, which results in early offers that usually don’t reflect the full extent of pain and suffering.
Victims may feel pressured to accept an initial offer because medical bills are piling up or they are unable to work. However, these early offers rarely account for ongoing pain, emotional distress, or long-term complications.
A lawyer helps by negotiating directly with insurance companies and, when necessary, filing a lawsuit to pursue full compensation. This changes the dynamic of the case, as insurers are more likely to offer fair settlements when they know the claim is being actively litigated.
For Help Recovering Money for Pain and Suffering After a Rideshare Accident, Contact Viles & Beckman Today
If you’re interested in recovering for pain and suffering after a rideshare accident, the law firm of Viles & Beckman is ready to help you. You might be wondering if you, as the victim of the collision, will ever be fully compensated under Florida law.
This is exactly an example of the types of questions personal injury attorneys at our firm handle every day, especially when insurance companies attempt to minimize the pain and suffering that was suffered by those who were injured. The sooner you call, the sooner we can assist you.
Home to lawyers with more than 40 years of experience, we have recovered more than $118 million in compensation. Together, we’ve handled thousands of successful cases since 2005. As The 5-Star Law Firm, you pay nothing unless we win. We’re here to help. Schedule a free consultation today.