HomeMy WebLinkAbout2794i been determined by the Supreme Court of this State to be a ~
"reasonable alternative" to the com~aon law right to seek i
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E redress for injury, In order to fully understand the total !
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; effect of this "erosion", it is necessary to review the ~
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~ common law as it existed before the enactment of the first ~
i No-Fault Statute and subsequent amendments thereto. ~
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~i At common law, the innocent victim of a tort could
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'; recover his economic losses (medical bills and lost wages) ~
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;; as well as damages for pain and suffering, mental anguish and '
~; inconvenience, from the party who negligently caused the i
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~. injury. The Courts, in discussing a victim's right to ~
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recover damages for pain and suffering, oftentimes referred ~
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to this element of damages as speculative or intangible `
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~ damages. The negligent party, or his liability insurance !
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! carrier, would pay the blameless victim for all of his ~
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; damages, whether they were economic losses or speculative ~
damages. The concept of no-fault insurance requires that ~
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all persons injured in motor vehicle accidents recover their
economic losses (i.e. medical bills and lost wages) from ~
that person's own first party insurance coverage. The first
party benefits of economic Iosses are called "personal
injury protection" (PIP) benefits. In return for being paid ~
economic losses through f.irst party insurance, the innocent :
victim gives up his right (in varying degrees), according to
the particular No-Fault Statute in effect at the time, to
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recover damages against the tortfeasor for pain and suffering, !
mental anguish and inconvenience. An analysis of the legislative;
history and development of the No-Fault law is necessary. ~
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Florida's original No-Fault Law, Section 627.733-,741 .
(1971), effective January 1, 1972, contained the following
provisions:
First, the Statutes provided for mandatory first
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