While it is impossible to say for certain how much your personal injury claim might be worth, it is possible to ballpark a fair figure once you include all damages and consider other factors that might affect your case worth:
What damages should I include?
The only way to determine how much your injury claim is worth is to calculate all your injury-related damages, such as:
Medical Expenses: After any serious personal injury, most people visit the doctor. Whether you need a cast for a broken bone or just need some pain medication, a fair personal injury compensation award should cover the full cost of your medical bills including surgery costs, doctor’s office visits, prescription medications, over-the-counter medications, and even transportation and parking costs (for doctor’s appointments, physical therapy, etc.).
Lost Wages: If your accident prevents you from working, then your personal injury compensation award should include damages equal to the income you lost. For example, if you need to take two weeks off work after your accident to recuperate, the person who is responsible for your injuries may have to pay you two weeks of your normal salary.
Decreased Earning Capacity: In addition to lost wages, you are also entitled to compensation for lost or decreased earning capacity if the accident caused you to take a lesser-paying job or retire completely. For example, if you normally work construction earning $20 an hour, but after the accident, you have to work a desk job earning $15 an hour, you are entitled to compensation for that $5 an hour pay difference.
Long-term Medical Expenses: One of the most commonly overlooked factors for fair personal injury compensation is long-term expenses. These include future medical expenses, such as surgery, medications, or any necessary ongoing care. Before we encourage you to accept a settlement, we will work with industry experts to determine exactly how much your injury will cost you in the future.
Noneconomic Damages: In addition to the traditional economic damages listed above, you may also be entitled to certain noneconomic damages after a personal injury accident. For example, you may be entitled to compensation for your pain and suffering, disfigurement, or decreased enjoyment of life caused by depression or loss of companionship.
What else might affect my case worth?
Two things can have a big impact on your case’s worth:
Florida follows a pure comparative negligence rule, meaning that injury victims can recover compensation as long as they are not totally at-fault for the accident. However, your percentage of fault will decrease your potential settlement. For example, if the insurer finds you 25 percent at fault for the accident, you would only be able to recover 75 percent of your settlement demand (e.g., $7,500 of $10,000).
What You Say or Sign
The insurer will do what it can to give you the least amount of money possible. To do so, it might trick you into:
- Admitting fault
- Admitting your injuries are not as serious as you claim
- Signing a medical release
- Accepting a lower settlement than you deserve
Our team will make sure you do not say or sign anything that could jeopardize your settlement. To find out more information about the value of your personal injury claim and how we can help, contact Montero Law Center at 954-767-6500.