If you have suffered injuries in a food delivery accident, consulting an attorney to understand the available damages in a Miami food delivery app accident is crucial for your recovery.
At Kaire & Heffernan, a food delivery accident lawyer helps guide you through the process of identifying damages, building strong claims, and securing the compensation you need to move forward.
Florida law allows you to pursue both a no-fault personal injury protection (PIP) claim and, for serious injuries, a claim against the negligent driver or food delivery corporation, such as DoorDash or Uber Eats. The types of damages available after a crash in Miami with a meal delivery platform driver depend on your specific losses.
The most immediate damages after a food delivery accident are economic, covering measurable financial losses. These generally include medical treatment costs and lost income.
When you begin with a PIP claim, your coverage should pay for medical expenses and a portion of any lost income up to the $10,000 limit.
However, people with serious injuries often experience much greater losses than the policy will cover. When this happens, your accident lawyer could pursue a fault-based claim against the driver or corporation, which has much higher policy limits. Fault-based claims can cover your current medical care, 100 percent of lost income, and future anticipated economic losses.
Non-economic damages address the intangible impact of your injuries, including physical pain, emotional suffering, and permanent disability. These damages are available only in fault-based claims, as PIP does not cover non-economic losses.
While these losses do not have an inherent financial value, the law recognizes that they should be compensable. You should always work with an experienced injury attorney to calculate your non-economic damages and ensure you seek adequate compensation.
State courts, insurers, and attorneys use two widely accepted methods to calculate pain and suffering. For severe injuries, we generally use the multiplier method, applying a factor of 1.5 to 5 to your economic damages based on the severity of your injuries. For less serious injuries, we might use the per diem method, assigning a daily value for each day of your recovery time.
Our attorneys determine which method is fair and appropriate given your specific injuries. We often use medical records, psychological evaluations, and personal journals detailing your daily struggles as evidence to strengthen these claims and support your pain and suffering award.
In severe cases, state law allows you to pursue punitive damages to punish reckless or intentional behavior, such as drivers operating vehicles while severely impaired or delivery companies knowingly allowing unsafe drivers to continue working.
For fatal accidents, surviving family members may pursue wrongful death claims, including compensation for:
Eligible claimants include spouses, children, and sometimes parents. State law requires you to file these claims within two years.
An attorney in Miami with experience in accidents caused by food delivery service drivers could maximize your recoverable compensation by handling all insurance communications and negotiations, often involving multiple insurers. They identify when your injuries exceed the state’s no-fault PIP limits, allowing you to pursue third-party claims against delivery companies for pain, suffering, and full economic damages.
Your attorney also gathers evidence and files persuasive claims proving negligence and liability. They aggressively challenge common insurer tactics that minimize injury settlements, such as low settlement offers, disputed liability, and challenges to the extent of your injuries. By comprehensively documenting all damages and negotiating from a position of strength and confidence, an attorney could help you obtain a settlement that reflects your true losses.
Understanding the available damages in a Miami food delivery app accident is essential to achieving full recovery for your injuries. At Kaire & Heffernan, we have extensive experience handling serious injury claims, multiparty insurance disputes, and complex delivery driver accident cases.
Call or contact us online today to schedule a free consultation with our attorneys and explore your legal options.
(305) 876-6001