What Factors Affect the Value of a Personal Injury Case?

When you are injured in an accident caused by the negligent actions of another person in Florida, you may be wondering, “How am I going to afford this?” As such, it’s important to understand that you are generally able to recover compensation for the damages you’ve suffered. However, the fair settlement value of your claim will depend on a number of factors, so it’s critical to understand the different elements that can impact your claim and the importance of working with a Vero Beach injury lawyer to help you fight for the justice you deserve.

How Does the Severity of My Injuries Impact the Value of My Claim?

In general, one of the most important factors that impacts the outcome of a personal injury claim in Florida is the severity of the injuries you have suffered. This is because more severe injuries generally require more extensive medical care and cause more dramatic disruptions to quality of life. Injury claims are meant to compensate for losses experienced due to the negligence of others. Naturally then, the compensation you can recover for a broken arm will likely differ dramatically from the compensation recoverable for paralysis.

When considering compensation for injuries, you are not only entitled to the medical care you’ve already received – you are able to seek compensation for the cost of future medical treatment you’ll require. This ensures you will not be financially responsible for the future medical expenses that are incurred as a result of another party’s negligence. Valuing future care needs is an important part of a personal injury claim settlement analysis.

Can Pain and Suffering Be Included in My Award?

It’s also important to understand that you can seek compensation for pain and suffering in your claim. These are non-economic damages that reflect intangible personal losses, like physical pain, loss of enjoyment of life, and emotional distress.

Unfortunately, determining the value of these losses can be incredibly difficult, as they are subjective and based largely on the collective wisdom of juries. As such, working with a skilled trial attorney is critical, as they can leverage their experience working with juries to properly evaluate and establish fair valuation for your pain and suffering.

What Tactics Used By the Insurance Company Will Affect My Compensation?

While the severity of your injuries and the emotional impact they have had on your life are two of the most substantial factors that will impact the value of your personal injury claim, you should understand that insurance will also substantially affect your compensation. With limited exceptions, your compensation is likely to be limited to the insurance coverage available to cover your loss. Even within these insurance coverage limits, the insurance company will likely attempt to limit your compensation. Insurance companies are for-profit corporations that answer to members and shareholders. Insurance companies profit by collecting more in premiums than they pay out in claims. Their goal is to save as much money as possible, and as such, they will attempt to undermine your claim.

One of the most common tactics the insurer will use is to blame the victim. They will do this by claiming that your injuries are all pre-existing conditions, even if you have no medical history of the same or similar symptoms. Insurance companies also typically dispute fault in a personal injury action, claiming that you contributed to the accident even when their insured’s negligence seems indisputable. This presents the risk of reducing your compensation, because Florida is a modified comparative negligence state. Under Florida’s modified comparative negligence system, your compensation would be reduced by your percentage of fault in the accident. If your fault exceeds 50%, you can recover no compensation at all.

As you can see, there are a considerable number of factors that can impact the value of your personal injury claim. That is why working with an experienced personal injury lawyer with Ullian Trial Law is in your best interest during these difficult times. Our firm understands how complicated these matters are, which is why we can help you in the fight for the justice you deserve. When you need help, contact Ullian Trial Law.