People are very attached to their family doctor and want to see that doctor following a car accident.
Posted below is the statute pertaining to the limitations of recovery in a car accident and what is required to be proven in order to recovery pain and suffering. As discussed in previous blog entries, the most common is a permanent injury and if a permanent injury is proven, then a claimant can seek pain and suffering in a car accident.
Generally, I recommend that my clients seek a physician that specializes in accident cases and understands the proof necessary to win an accident case. In my experiences, many family physicians are not familiar with this proof requirements. Thus, this may not be the best choice. Now, a primary care physician by trade commonly refer people to specialist. Differing from such opinion, in my experiences the specialists that the family doctor or primary care doctors refer their clients to usually are not well versed in the necessary proof. For all of these reasons, I recommend that you seek to find physicians that handles accident cases and who are better suited to helping you prove your case. While some of these other physicians are qualified professionally and very well may be excellent doctor, they may not be excellent for your case.
It is important to note that every case is unique and any advice should be based on the specific facts of the case. This blog is intended to be general in nature and should not to be construed as specific advice for a case, as a minor difference in the facts of the case could change the result. Also, this blog is based on Florida law and the laws of any other states or even another country could vary from Florida.
Statue:
627.737 Tort exemption; limitation on right to damages; punitive damages.—
(2) In any action of tort brought against the owner, registrant, operator, or occupant of a motor vehicle with respect to which security has been provided as required by ss. 627.730-627.7405, or against any person or organization legally responsible for her or his acts or omissions, a plaintiff may recover damages in tort for pain, suffering, mental anguish, and inconvenience because of bodily injury, sickness, or disease arising out of the ownership, maintenance, operation, or use of such motor vehicle only in the event that the injury or disease consists in whole or in part of:
(a) Significant and permanent loss of an important bodily function.
(b) Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
(c) Significant and permanent scarring or disfigurement.
(d) Death.
