What Is My Personal Injury Case Worth English

What is My Personal Injury Case Worth?

If you or a member of your family was recently involved in an accident, you may be wondering how much your personal injury claim might be worth. Several factors can affect the value of a personal injury claim. Each case must be considered on its own facts and circumstances. However, consideration is to be given to all of the following factors as appropriate: the nature and extent of the injury, its permanency, the amount of pain and suffering already endured and to be endured in the future, and the expenditures of the injured person in effecting a cure of the injuries. In this post, we’ll touch on some of the key issues an attorney may consider in valuing a personal injury case.

The first area of concern is who is at fault for causing the injury. Once it has been determined that the defendant is liable for causing injuries to the injured party, the value of the claim is then negotiated.

The next area concerns the types of compensation available to the Plaintiff. In Florida, a plaintiff may seek actual (compensatory) damages for the cost of repair. The plaintiff can also recover for medical bills and for any time lost from work while injured. In addition, the plaintiff may seek special damages for loss of consortium (spouse claim), pain and suffering, disfigurement, and loss of a normal life.

Lost Wages
Calculating past lost earnings is easy. You simply add up the earnings and employment benefits that you lost from being out of work. If you are fully or partially disabled due to your injury and are unable to work going forward, then you can seek compensation for future lost earning capacity.

What about When There are Multiple Defendants?
Florida has abolished joint and several liability so a plaintiff can only recover from each defendant based on their individual percentage of fault. Florida has adopted pure comparative fault under which a jury allocates percentages of fault based on the degree of fault of each party, and the plaintiff recovers despite being negligent. Pure comparative fault is a defense to negligence, strict liability, and breach of warranty claims, but only to reduce damages.

Does Florida Recognize the Collateral Source Rule?
No. A collateral source is any payment to a plaintiff from a third party that pays for plaintiff’s injuries suffered from defendant’s negligence that might reduce a defendant’s obligation to pay. Florida does not recognize the collateral source rule, so a plaintiff’s damages are reduced by compensation plaintiff received from sources other than the defendant, including amounts received from disability, social security, life insurance benefits, health care insurance, and employee wage continuation plans.

After any type of crash, you should consider talking to a personal injury lawyer to learn what your rights and obligations are under the law. An experienced personal injury attorney will be able to analyze your individual circumstances and give you a better idea of how much your case is worth. Let the personal injury attorneys at Suarez & Montero review the circumstances of your case and discuss your legal options. Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights.

Contact us today at 786 Lawyers for a free consultation