Legal Question in Insurance Law in Florida

I was injured in an auto-accident which causes me significant neck and shoulder discomfort to impair my ability as a phd candidate to put in concentrated hours of computer work. I am no longer able to comfortably use a laptop computer and need a desktop with a full size monitor in order to put less strain on my neck and back . I also need a chair with low back support features. I am also interested in compensation for time lost in completing my dissertation due to the injury. It likely the effects of this injury will continue to plague me.

Am I entitled to liability compensation and or settlement that includes the items mentioned above if I can quantify their costs and receive medical testimony that acknowledges them.(from the coverage of the person who hit me) ? Is there precedent ?(I am in florida, a no fault state).


Asked on 1/01/10, 3:36 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

No one is entitled to a settlement. That is a choice of the parties to avoid the risk of trial.

With appropriate proof from your doctor, you would be able to claim the cost of the full sized monitor. You do not "need" a desk top, as your laptop can power the monitor. Different chair would be fine as well. Time lost in completing a dissertation is next to impossible to prove and I see no way to quantify that time to produce a lost income figure.

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Answered on 1/06/10, 6:11 pm


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