One of the most common questions that potential clients ask West Palm Beach personal injury lawyers is, “How much is my case worth?” The value of a personal injury settlement in Florida depends on the circumstances and facts of the case. While you can calculate an average of all the personal injury settlements in a given year, it does not tell you what your case is worth because all personal injury claims are unique.
Many factors affect the value of a personal injury settlement. We discuss a few factors in this article. If you still have questions about your personal injury claim in Florida, visit this website to learn more.
The Severity and Type of Injuries Sustained
The injuries a victim sustains in Florida are a significant factor in determining the value of a personal injury settlement. Your injuries impact the value of damages in many ways, including, but not limited to:
- The degree of pain and suffering you experience (i.e., non-economic damages)
- The duration of your recovery period
- Whether you sustain a permanent impairment or disability
- Your ability to perform any type of work to earn income
- The amount of scarring and disfigurement caused by the injuries
- The total of your medical bills, lost wages, and other economic damages
- The type of medical treatments you require
- The need for short or long-term personal and/or nursing care
Generally, the value of damages increases as the severity of the injuries increases. It costs more to treat a catastrophic injury than it does a sprain or fracture. The amount of lost wages and out-of-pocket expenses increases.
Traumatic injuries also increase non-economic damages. A person may experience diminished quality of life, loss of enjoyment of life, and chronic pain because of an injury.
The Strength of the Evidence Proving Liability
As the injured party, you have the burden of proof for a personal injury claim. You must have sufficient evidence proving the other party caused your injury.
Most personal injury cases in Florida are based on negligence. Therefore, you would need evidence proving each of the following elements:
- The party had a legal duty to act with reasonable care to avoid risk of harm to others
- The party breached their duty of care through their omissions or acts
- The breach of duty was the proximate and direct cause of your injuries
- You incurred injuries and damages because of the party’s breach of duty
If your evidence is weak, the insurance company might not be willing to offer a high amount for settlement. It might be willing to take the matter to court if it believes it can win or minimize damages. Therefore, the stronger your evidence, the stronger your negotiating power for a personal injury settlement.
Whether You Are Partially to Blame for Causing Your Injuries in Florida
Comparative fault is a legal theory that apportions damages based on a party’s degree of fault for causing an accident or personal injury. It applies to all parties in the case, including the victim. Therefore, if you are partially at fault for causing your injury, it could negatively impact your personal injury settlement.
Florida has adopted a modified comparative fault standard for cases arising on March 24, 2023, and later. Before that date, the state used a pure comparative fault standard.
In either case, your compensation for damages can be reduced by your level of fault for causing your injuries. Therefore, if you are 40% to blame for a car accident, you would only receive 60% of the value of your damages.
If your injury occurred on or after March 24, 2023, a 50% bar is applied. If your blame is more than 50%, you are barred from receiving any money for damages.
The Availability and Amount of Insurance Coverage
Liability insurance coverage compensates a third party who is injured by an insured under the policy. Car insurance, premises liability insurance, and medical malpractice insurance are examples of liability insurance coverage.
If an insured caused your injuries, the insurance company could be liable for damages up to the policy limits. However, the company is not responsible for any amount over the policy limits. Therefore, the availability and amount of insurance coverage can affect your personal injury settlement.
If the coverage is below the value of your damages or the party does not have relevant liability insurance, you would need to pursue a personal judgment against the at-fault party. Many parties do not have sufficient assets to pay a large personal injury settlement or judgment in Florida.
Contact a Florida Personal Injury Lawyer to Learn More
A personal injury lawyer in Florida can help you determine the value of your claim. Contact an injury law firm today to schedule a free consultation to learn more about your claim.
