How Are Damages Assessed in a Personal Injury Case?
If you were seriously hurt through no fault of your own, it’s essential that you assess the resulting damages accurately. Doing so will allow you to pursue the maximum payout possible so you have what you need to put your life back together in the wake of the accident.
Although every claim is different, the same factors are considered when determining the extent of the associated losses. Read on to learn which factors influence which damages:
Florida allows personal injury plaintiffs to seek compensation for health care-related expenses. Examples include the costs associated with ambulance transport, emergency care, hospitalization, diagnostic imaging, prescription medication, ongoing rehabilitation, and home care.
Naturally, the severity of your injuries will have the biggest influence on these damages because more serious injuries require costlier care. Since plaintiffs have an obligation to mitigate damages, though, whether you follow your doctor’s orders will also influence the total compensation to which you are entitled.
If you’re unable to work while recovering from your injuries, you may pursue funds for every missed paycheck. Should your injuries prevent you from returning to the workforce at all, you may also include lost earning capacity in the settlement negotiations. This will be determined by your current earnings, your anticipated career trajectory, the benefits that your position carries, the number of years you have left until retirement, and inflation.
Other Objectively Verifiable Losses
Accident victims may recover compensation for expenses they wouldn’t have incurred but for their injuries. Examples include those for home and vehicle modifications, child care, and domestic help.
The ways in which your injuries impact your everyday life will have a major impact on the value of these damages. As long as you can prove any such replacement services are reasonably necessary, though, you should be able to include them in the settlement negotiations.
Non-economic damages are composed of pain and suffering, emotional distress, and loss of enjoyment of life. Much like other kinds of damages, the factor that will ultimately have the biggest influence on such losses is the severity of your injuries.
For example, how does your condition prevent you from enjoying life? Have your injuries caused any permanent damage that will impose lifelong limitations?
And what about your loved ones? How is your condition affecting them? Are you unable to participate in their lives as much as you’d like?
What to Know About Pure Comparative Fault
It’s important to note that the role you played in the incident, if any, could influence the total value of all your recovery. Under Florida’s pure comparative fault rule, a plaintiff’s recovery in a third-party insurance claim must be reduced by his or her own percentage of liability. This does not apply to bringing a PIP claim against your own PIP insurance policy.
Speak with a Personal Injury Lawyer Today
At Donaldson & Weston, we understand the physical, emotional, and financial toll that unanticipated injuries can take on the whole family. If you were seriously hurt through no fault of your own, let us handle the logistics of your claim so you can focus on more important matters.