Few things are more devastating than sustaining an injury caused by another party’s negligence, especially when that injury causes sky-high medical bills, time away from work, and a wide array of emotional issues as well. Unfortunately, these accidents and injuries are far more common here in Florida than you may think. If you or a loved one has been injured due to another party’s negligence, you’re most likely now wondering what factors will affect the value of your personal injury claim. Continue reading and reach out to the seasoned Jacksonville personal injury lawyers here at Ansbacher Law to learn more.
What Are the Most Important Factors That Affect the Value of a Personal Injury Claim?
There are several different factors that may affect the value of a Florida personal injury claim, and in many cases, insurance companies will closely analyze each of these factors before offering any type of settlement. Some of the most important considerations are as follows:
- The severity of your injuries: Generally speaking, the more serious your injuries are, the more valuable your claim may become. For example, injuries involving broken bones, traumatic brain injuries, spinal cord damage, internal bleeding, or permanent disabilities will often result in higher compensation than relatively minor injuries. This is because severe injuries frequently require extensive medical treatment and can have long-term consequences that affect nearly every aspect of a person’s life.
- The cost of your medical treatment: Medical documentation is one of the most important parts of any personal injury claim. Insurance companies will review emergency room visits, surgeries, rehabilitation, physical therapy, prescription medications, specialist treatment, and any anticipated future medical care. In many cases, ongoing treatment can significantly increase the overall value of a case.
- Whether you missed time from work: If your injuries prevented you from working, either temporarily or permanently, that loss may become part of your claim as well. Lost wages are commonly included in personal injury claims, though in more serious cases, a person may also seek compensation for diminished earning capacity if he or she can no longer return to the same type of employment as before the accident.
- Pain and suffering damages: Not every consequence of an accident is financial in nature. In many situations, accident victims experience significant physical pain, emotional distress, anxiety, depression, sleep issues, and a substantial loss of enjoyment of life. Though these damages are more difficult to calculate than medical bills or lost wages, they can still play a major role in determining the overall value of a claim.
- The amount of available insurance coverage: In many personal injury cases, insurance coverage is a major factor. Unfortunately, even if a person suffers catastrophic injuries, there may only be a limited amount of insurance coverage available through the at-fault party’s policy. Additional coverage options may sometimes exist, though this depends on the circumstances of the accident.
- Whether you were partially responsible for the accident: Florida follows what is known as a modified comparative negligence rule. Essentially, this means that if you are found partially responsible for the accident, your compensation may be reduced by your percentage of fault. Therefore, if you were found 20 percent responsible for an accident, your recovery may potentially be reduced by 20 percent as well.
- The strength of the evidence in your case: Strong evidence can make a tremendous difference in a personal injury claim. Photographs from the accident scene, surveillance footage, witness testimony, medical records, police reports, expert testimony, and other forms of documentation may all help strengthen your claim and improve your position during settlement negotiations.
If you have additional questions or believe your injury was caused by another party’s negligence and are now seeking compensation, we are here to help. Simply contact Ansbacher Law for a free initial consultation today.