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How Much is My Case Worth?

Here is the short answer:

When faced with a personal injury, such as a car accident or slip and fall, it’s natural to wonder about the potential value of your case. Insurance companies generally categorize personal injury claims into three main categories. In this article, we’ll explore these categories and delve into ten additional factors that impact claim value.

Category One $50k or less:

This category includes cases where the injury is not obvious but instead there are only subjective pain complaints (I.e. patient says their neck hurt but there is no fact to prove or disprove their statement). These cases usually center around chiropractic care, physical therapy involving unoperated/non-injected herniated disc.

Category Two $50k to $250k:

Cases falling into this category involve more evident injuries such as broken bones, severe lacerations, significant herniated disc requiring injections, etc. However, these injuries usually do not require serious surgery or cause major life changes.

Category Three $250k+:

This category includes cases where there is surgery or clearly permanent injuries that interfere with activities of daily life that one day will require surgery. 

Additional Factors To Consider:

How does Insurance Limits impact my personal injury case?

In most personal injury cases, compensated is limited by the at-fault party’s insurance coverage. Alternatively, you may have your own insurance policy that kicks in if the responsible party is uninsured or underinsured (a.k.a. uninsured motorist benefits).

An experienced injury lawyer knows where to search to find insurance policies that you may not be aware of. For example, as it relates to car accidents, its important to look at the insurance for both the vehicle owner and the vehicle driver (if they are different people). You also want to check if the at-fault driver was utilizing any ride share apps such as Uber, Lyft, Instacart, etc. Otherwise, the at-fault driver may have been within the course or scope of employment that would trigger a commercial insurance policy. There are numerous ways to find extra insurance.

How Does Fault Impact My Personal Injury Case?

The responsible party’s percentage of negligence plays a role in determining the damages they are liable for. Florida follows a “Modified Contributory Fault” system, meaning the defendant is only responsible for paying a pro-rata share of the plaintiffs damages based upon the defendant’s percentage of fault i.e. if the Defendant is 80% at fault for the incident they are liable to pay 80% of the Plaintiffs damages.

Further, it should be noted, an injured party is completely barred from pursuing a claim if they are deemed 51% or more at fault. Skilled injury lawyers can navigate complex cases to protect the rights of the injured party and help keep the Plaintiff under the 51% threshold.

How does property damages impact my personal injury case?

In auto accidents, more substantial vehicle damage often correlates with higher compensation awards from insurance carriers and juries.

How does prior accidents impact my personal injury case?

A new injury typically holds more value than an older one. Cases involving previous injuries will require careful consideration, referring to Florida Supreme Court Standard Jury Instruction 501.5(a) and Florida’s “Egg-Shell” Doctrine. In certain circumstances, when approached correctly, an older injury may strengthen a claim.

How does prior accidents impact my personal injury case?

A new injury typically holds more value than an older one. Cases involving previous injuries will require careful consideration, referring to Florida Supreme Court Standard Jury Instruction 501.5(a) and Florida’s “Egg-Shell” Doctrine. In certain circumstances, when approached correctly, an older injury may strengthen a claim.

Credibility of Plaintiff:

Juries want to take care of people who they like and can relate to. Hardworking honest people usually make good Plaintiffs.

Lost Wages:

Verifiable lost wages can increase the value of a case, and the loss of future earning capacity has an even more significant impact.

How do past medical bills impact my personal injury case?

Past medical bills set the floor for the value of the case. Any medical bills the plaintiff incurred as a result of the incident which were reasonable and necessary must be paid by the Defendant.

How does future medical bills impact my personal injury case?

Predicting and obtaining compensation for future medical expenses can be challenging since they are somewhat speculative. However, defendants must compensate plaintiffs for medical bills reasonably certain to arise in the future, such as recommended but not yet performed surgeries.

How does permanent impairment rating/disability impact my personal injury case?

Compensation increases for plaintiffs who have had to give up certain activities due to permanent injuries. Temporary limitations hold less value compared to permanent lifestyle changes.

How do punitive damages impact my personal injury case?

In cases where the defendant’s actions demonstrated willful or wanton disregard for the safety of others, plaintiffs may be entitled to punitive damages on top of compensatory awards.

Conclusion:

When faced with a personal injury, such as a car accident or slip and fall, it’s natural to wonder about the potential value of your case. Insurance companies generally categorize personal injury claims into three main categories. In this article, we’ll explore these categories and delve into ten additional factors that impact claim value.

Remember, every case is unique. We provide 100% free and confidential consultations and welcome the opportunity to speak with you about your potential case.