Fair compensation for victims of other people’s negligent actions is one of the foundational principles of the justice system. The compensation may include payment of present and future medical bills, lost income, property damages, and mental and physical anguish. In Florida, certain factors can affect the value of a personal injury settlement. To attain the maximum compensation from your claim, here are some things you should consider when pursuing legal redress.
Extent of Property Damage
If the accident that caused your injury also led to property damage, the extent and nature of the damage will also be taken into account. In most cases, the attention goes to the ‘bigger’ losses, such as damages to vehicles and property, as they are easier to quantify. However, the costs of replacing other lost or damaged valuables like phones, computers, jewelry, and even pets may add up in your final compensation.
The Severity of Your Injuries
The nature and extent of your injuries and the amount of medical treatment required to recover from them can significantly affect the value of your claim. Naturally, serious injuries, such as spinal cord damage, tend to result in higher compensation than more temporary injuries like broken legs and arms. Admittedly, the fact that you suffered severe injuries in the accident is not enough to get you a significant settlement. It, however, weighs heavily in most formulas used to calculate personal injury claims.
Insurance Limits
Insurance companies are notorious for their mastery of the tactics of denial, delay, and deception. They also set maximum compensation amounts and refuse to pay more than the set figures, no matter the damages caused by the insured parties. So, if the driver at fault for your accident was insured for, say, $200,000 and your total damages add up to $500,000, you may be forced to file an additional suit against the driver to recover the $300,000 that the insurer won’t pay.
Shared Blame
In some cases, the accident victims may be partially at fault for the incident. This means each at-fault victim will be given an amount that reflects their contribution to the accident. For example, if you were 25% to blame for the accident, you would only receive 75% of your claimed compensation if your claim goes through. Such situations are quite common – so common that the principle of comparative negligence is institutionalized in the State of Florida.