If you have been injured in a Florida accident due to someone else’s negligence, you may have a strong claim. However, this doesn’t mean you will walk away with thousands of dollars in settlement. A personal injury case has more aspects to it.
Recovering from an injury can be overwhelming, and that’s where a Miami personal injury attorney comes in – to prove that you suffered losses following the injury and that you deserve a fair settlement. But you’re probably wondering just how much your case may be worth. Here’s a breakdown.
What Constitutes Compensation?
If you can prove that you suffered damages, you may be eligible to receive compensation for;
Non-economic (General) Damages
- Lost Companionship
When a loved one loses their life in a bad accident, you have to deal with the abrupt loss of companionship and their monetary contribution to the family. And the negligent party ought to compensate you for the wrongful death.
- Pain, Suffering, and Emotional Duress
Did you suffer or experience a lot of pain following an accident, immediately or in the long term? It could be in the form of emotional trauma, and the right attorney can prove that and help you claim compensation.
- Loss of Enjoyment
An accident can affect the quality of your life, such that you enjoy it lesser now. The negligent party needs to pay for the impact their doing has had on you.
Economic (Special) Damages
- Medical Treatment
If you incurred medical expenses after the personal injury, you need a refund for the money spent. And hospital bills resulting from accidents can be so high, high enough to push you into bankruptcy. Notably, your rightful compensation should cover both past and future medical expenses, if any.
- Lost Income
Some injuries can rob you or your loved one of the ability to work for some time. Therefore, the negligent party should pay for the income you lost and are likely to lose while recovering from the injury. And if the injury is permanent, you may have to settle for jobs that pay less, and the defendant should compensate you for that.
Is Comparing Events to Determine the Worth a Bad Idea?
All rear-end accidents can’t be settled with the same amount of compensation because similar events can result in different injuries.
So, don’t claim what someone else claimed for a similar event. Instead, communicate all the damages in the car accident to an expert, and they will help you determine how much your claim is worth.
How Can I Prove My Case’s Worth?
Remember that the insurance adjuster will try to make it difficult for you to get what you deserve. But you can get the amount of compensation you demand by proving the magnitude of the damage. Evidence of lost wages, hospital bills, and medical records are critical in these cases.
The more severe the injuries sustained, the higher the compensation you are likely to receive. Notably, physical damages are categorized as either hard injuries or soft tissue injuries.
Compensation for Hard Injuries vs Soft Tissue Injuries
Hard injuries are considered life-changing and include brain damage, organ damage, facial scars, or broken bones. However, severe scars, abrasions, and cuts can fall under the category of hard injuries. The compensation for such injuries is usually higher.
Soft tissue injuries can be uncomfortable and painful because they affect the ligaments, tendons, and muscles. It can be a slipped disk, sprained ankle, contusions, abrasions, bruising, or swelling. The compensation in such cases can be lower than those for hard injuries.
How Can I Determine the Severity of My Personal Injury Claim?
If you aren’t too sure about your claim, the following questions can help you determine where you stand.
- Has the level of pain and suffering increased since the injury?
- How much have I lost in wages? How much have I incurred on medical expenses?
- Can you establish who was at fault?
- Did you get a hard injury or a soft tissue injury?
How Is Compensation Calculated?
Insurers usually multiply the damage by a figure between 1.5 and 5, while personal injury lawyers use a “multiplier” to work it out. The prognosis, impact on your daily life, the severity of injuries, medical expenses spent and anticipated, and permanence of effects determine how high or low the compensation will be.
If there is a permanent disability, the multiplier will likely go above the (5) ceiling. These economic damages are then added to the non-economic injuries to get the settlement value.
What if There’s a Chance That I Contributed to My Accident?
Florida is among 11 other states that use the pure comparative negligence fault system to determine how much your case is worth. If you are partly to blame for the accident, your percentage of fault is reduced from the damages.
Why is it Important to Know What My Case is Worth?
Remember that, when you don’t know what your claim is worth;
- You may attempt to convince the negligent party to adjust your compensation up, yet it is worth way less
- The defendant’s insurance may attempt to convince you that your claim is worth less than what it’s worth
When you know the true worth of your personal injury compensation as advised by an attorney, it will be easier to stand firm with your claim.
Get a Licensed Attorney to Walk With You
It is not easy to get the right estimate of your case’s worth, but a good Miami lawyer can help. Years of experience in a wide variety of personal injury cases help PI attorneys know exactly what it takes to win. And it doesn’t matter how complex it is. They can organize the evidence and facts related to the case and aggressively pursue justice and full compensation for you or your loved one.
Assuming that your compensation is worth less than it is, it is unfair to you and your family. Similarly, thinking that it’s worth way more than it is, in reality, can lead to unexpected disappointments on your part. But a knowledgeable personal injury lawyer in Miami can help you determine the right estimate.
Get in touch with lawyer Amanda Demanda today. Call (305) 998-6953 for a free consultation.