Madison, FL Personal Injury Law Firms & Lawyers

The small claims Judge will decide what the proper amount should be for pain and suffering, assuming that you prove the other side is liable to you for damages. When making that determination, the Judge will look at evidence such as your testimony about your pain, the level of the pain, the amount of time that it lasted, and the general effect it had on your life. The Judge will also look to evidence of the amount of lost wages and medical expenses when making his/her determination. Understand that in Indiana a small claims court is limited in what they can award with a cap of $6,000.00. If you plan to seek more than that amount, you will need to file in another Court. Regardless, you would be wise to at least seek a consultation with a personal injury attorney to get an idea of what your case may be worth.

You need to sue the other driver if you can't get a fair settlement value from the insurance company.  Remember that the law in Florida requires you to prove a permanent impairment or disability from a motor vehicle accident in order to qualify for pain and suffering type damages. The likelihood of success in proving a permanent injury is much better if you suffered an objective injury.  That would be be something like a fracture, a disfigurement or a scar.  These injuries are clearly observable.  On the other hand, the likelihood of success is much lower in cases where there is only a subjective injury. That would be a situation where the evidence of injury is mostly your complaints of pain.  Most studies of verdicts in Florida show that juries find no permanent injury in over 80% of cases involving purely subjective complaints.  You need to speak to a personal injury trial attorney in your area to review the specifics of your situation.

Yes it is possible to draft a Power of Attorney ("POA") and limit the powers of the agent. This applies to both general POA's as well as healthcare POA's. There are forms online that use could use as a basis for drafting your own POA. However, I would be cautious in using a form you find online as it may not comply with the Nebraska's requirements. There are some POA forms contained within Nebraska statutes: Nebraska Revised Statute 30-4041 for property; and Nebraska Revised Statute 30-3408 for healthcare. In drafting your POA, you need to make sure you are only giving your agent those powers that you want him or her to have. In addition, choose your agent with care. By giving a POA you are giving another person a lot of responsibility and authority by permitting them to make important decisions for you. You may want to consult with an attorney before giving the POA to another person. The attorney can review it to make sure it complies with Nebraska law and that it only does what you want it to do.