This Is How Injury Settlements Are Determined
Don’t trust an online calculator. There are governing factors to determine your settlement amount, but they are not strict formulas. Here are some elements that will be considered for determining the amount awarded to you in your personal injury case:
Lost wages and earnings
Damage to property
Your degree of fault
Out-of-pocket (what isn’t covered by insurance) medical bills
Pain and suffering/emotional distress
Different Types of Damages
Damages can be viewed as the following:
Economic & non-economic
Tangible & intangible
When you look over the list above, you will see that some factors are definitive and others are less so. Lost wages can be quantifiable. This becomes harder to evaluate when you are salaried or self-employed, but this is why you have an attorney. A lawyer can generate an argument based on what she believes you are entitled to.
Who Is At Fault?
Here in Florida, we have no-fault laws. This means that when two people get into an accident, both parties have to file insurance claims. Blame and fault can be shared.
The person who files suit is not declared the victim immediately. This can protect you from unjustified lawsuits. If someone drives into the back of your car and gets injured, then they will (very) likely lose a personal injury suit against you—should they even attempt one. They are likely at fault due to the nature of the accident.
Evidence
Auto accidents are very common causes of personal injury lawsuits. We will use one as a guide for how to gather evidence.
Because the court will have to determine degrees of fault, you and your attorney will have to prove that the person (or persons) you are suing were “more” at fault. This is one reason why you should never admit fault at the scene of an accident.
Gather evidence after the accident if you can do so. Here’s what to look for:
Injuries (can be medical reports gathered later)
Damages to all cars involved
Skid marks on the road
Weather conditions
Pictures of all cars that were part of the accident and their license plates
Medical Bills
The cost of your medical bills will also be examined. This is not an attack on you personally, but it is a way to catch fraud. If two people inflate a medical bill for a lawsuit, then they are committing a crime.
And even if there is no malicious intent, the court could still disagree with the cost of the medical services you received.
The Law Office of William C. Robinson
If you have been injured you may be entitled to compensation. The Law Office of William C. Robinson has more than three decades worth of experience with civil litigation. We are here to advise and help you navigate your personal injury suit. Contact us today to schedule a free consultation. You can also reach us by phone at (305) 454-9632.
