If you turn to Donaldson & Weston for representation after getting hurt in a preventable accident, you can be sure our Florida personal injury attorneys will fight for every dollar you deserve. We will use all the resources at our disposal to build the strongest case possible.
If your claim is successful, the specific damages you might recover will depend on the facts of your case. Generally speaking, the following damages may be available in a Florida personal injury claim:
- Medical Bills: Personal injury claimants may be entitled to compensation for all the healthcare expenses associated with treating their injuries. This might include ambulance fees, diagnostic images, prescription medication, doctor’s office copays, and medical equipment. It also may include ongoing expenses like physical therapy and future projected costs like anticipated surgeries.
- Lost Income and Benefits: When accident victims are unable to work while recovering, they may be entitled to compensation for lost wages. If their injuries are so severe that they are unable to return to work at all, they might also be entitled to compensation for lost benefits and loss of earning capacity.
- Property Damage: Many accident scenarios result in property damage. Motor-vehicle collisions, for example, are a leading cause of personal injury claims. Fortunately, the cost of making any necessary repairs might also be recoverable.
- Other Resulting Expenses: Most objectively calculable losses that result from an accident can be included in the settlement negotiations. Examples include home care, domestic help, alternative transportation, and home and/or vehicle modifications.
- Pain and Suffering: Non-economic damages like pain and suffering may not be tangible, but they are every bit as real as the economic losses that claimants incur. Since there are no records, receipts, or invoices for such damages, though, quantifying them can be challenging. Fortunately, our personal injury lawyers are familiar with the formulas that insurance adjusters use to calculate pain and suffering, and we know what kinds of evidence can help secure the largest payout possible.
- Punitive Damages: Although punitive awards are rare in Florida personal injury cases, there are scenarios in which they are warranted. Typically, a claimant can recover punitive damages if the liable party acted with intentional malice or gross negligence.
Even if you are entitled to recover all the damages listed above, their total value will not necessarily determine the final payout. Other factors that can influence a personal injury settlement or verdict include:
- The Severity of Injuries: More severe injuries will undoubtedly result in higher medical bills. They will also cause more pain and suffering. In other words, the severity of the injuries has a major impact on the total non-economic damages, which in turn can have a major impact on the final payout.
- The Claimant’s Own Liability: Florida follows a pure comparative fault system, which means a claimant’s total payout is reduced by his or her own percentage of fault; however, you can be sure our personal injury attorneys do not let Insurance adjusters take advantage of this system to devalue claims.
- The Strength of the Evidence: When a claimant presents clear and convincing evidence of liability, the insurance company is more inclined to offer a fair settlement because they will want to keep the case out of court. If evidence is lacking, on the other hand, the claimant loses considerable negotiating power.