Floridians: Do you have bodily injuries from a car accident? Are you curious about the potential value of your bodily injury claim? If so, do you know how to determine the value of your personal injury case?
Let’s start by debunking an outdated method: multiplying your medical bills by two (2) or three (3). While this used to be a common approach, it’s no longer accurate. However, if you’re representing yourself, it’s a starting point, though insurance companies won’t view it as reliable. Instead, we consider a range of factors, beginning with two main types of damages: Economic and Non- Economic.
Economic damages are losses like medical expenses and lost wages.
Non- Economic damages include pain, suffering, emotional distress and loss of enjoyment of life.
Economic damages are straightforward – you request reimbursement for your documented damages. However, most of the inquiries we receive focus on the questions regarding the value of non-economic damages (i.e. money for pain and suffering). First of all, this is not an easy answer and in fact, there is no simple formula – there are many ways to calculate these damages, and most frequently people look at wages as a comparison. However, the most important thing to know is that under Florida law you are NOT automatically entitled to payment for non-economic damages!
Florida Statute 627.737 lays out that a person bringing the lawsuit (the Plaintiff) may recover damages for pain, suffering, mental anguish, and inconvenience because of bodily injury, sickness, or disease arising out of the ownership, maintenance, operation, or use of such motor vehicle only in the event that the injury or disease consists in whole or in part of:
(a) Significant and permanent loss of an important bodily function.
(b) Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
(c) Significant and permanent scarring or disfigurement.
(d) Death.
This is why documenting your injuries with a Florida licensed Physician is so important to your case! Your doctor will have to testify that your injuries fall into one of the above categories, then and only then, would you be entitled to non-economic damages (i.e. money for pain and suffering).
Several Factors Influence Your Potential Recovery
Severity of the injury: A sprain/strain versus a herniated disc will yield different outcomes.
Extent of medical treatment: Surgery versus a single visit to the chiropractor significantly impacts your case.
Permanent damages: Long-term effects such as limping or scarring affect compensation.
Insurance coverage: Limited insurance may cap your recovery, regardless of your case’s value.
Legal representation: Generally, hiring an attorney increases your chances of a higher recovery, as self-representation often leads to low offers initially. These factors, among others, contribute to the evaluation of your case. Remember, seeking legal representation can enhance your prospects for a fair settlement.
Conclusion:
If you’ve been injured due to the negligence of another party, it’s essential to understand the value of your personal injury case. By considering factors such as the severity of injuries, medical expenses, lost income, and pain and suffering, you can better assess the worth of your claim. At Hatfield & Hatfield, we’re committed to guiding you through every step of the legal process and fighting for the compensation you deserve. Contact us today for a free consultation and let us help you pursue justice and recovery.
