The biggest question for most people when they walk into a lawyer’s office thinking about filing a personal injury lawsuit is, “How much is my case worth?” Well, in legal jargon, how much your case is worth is called “damages.” In order to figure out the amount of damages you could potentially be owed, we would need to examine the injuries incurred, who was found to be at fault, the resulting and potential medical bills, and what your lost wages were. Moreover, not every loss is physically tangible – there may be damages due to you for your emotional pain and suffering, which isn’t the easiest thing to measure in dollars and cents. Calculating the full scopes of potential damages can be a complex endeavor.
Evaluating Factors That Contribute To Damages
Here are some key factors we take into account when evaluating how much your Florida personal injury case may be worth:
The Significance And Type Of Your Injuries
Minor injuries can still be traumatic. However, unless your injury was significant enough to have resulted in:
- Loss of function
- A trip to the hospital
- Permanent impairments
- Forced time away from work
- Permanent scarring or disfigurement
You probably won’t get a significant settlement, especially without the help of an experienced personal injury attorney. Damages cannot be pursued in personal injury suits in Florida unless the extent of your injuries exceeds or meets the serious injury threshold. This means that you must prove that your injury involved the factors outlined above. However, this doesn’t necessarily apply to motorcycle injury victims due to the fact that they don’t carry the same type of no-fault PIP insurance. Certain kinds of cases may also involve more complexities to pursue. For example, a case involving product liability or medical malpractice will need exponentially more expertise, resources, attorney time, and expert witnesses to successfully prove. Such cases also typically yield higher damage awards since there are usually more insurance coverage and recoverable assets involved.
The Question Of Fault
Florida recently switched to a modified comparative fault system, meaning that if a person is more than 50% at fault for their own injuries, they may not be able to collect damages at all. The only exception to this is medical malpractice cases. However, even if you are somewhat responsible for your injuries, as long as you are less than 50% responsible, you are still able to collect a damage award reduced proportionate to your share of the fault.
Insurance Liability Limits
Most personal injury cases are resolved through settlements with insurance carriers. This means that the insurance policy limit may cap the value of a settlement. However, there are certain exceptions when a payout ends up being higher than the policy limit, such as when punitive damages are involved. Such policy limits include your own. If you’re injured in a car accident with an underinsured or uninsured driver, you may need to turn to your own uninsured/underinsured policies to pay damages.
Contact Us Today
There are many factors involved in calculating how much damages you may be awarded, and things can get complicated quickly. At the end of the day, having an experienced and effective personal injury lawyer on your side may make the biggest difference in terms of the damages you are able to collect. Call BCN Law Firm to consult with a top Florida personal injury lawyer and learn more about your legal options today.