How much your Fort Lauderdale car accident lawsuit is worth will depend on the facts of your case, but there are several factors that impact the amount of compensation you can recover. Your injuries, how well you recuperate, and the negligence of each party can affect how much money you will get.
After a car accident, once you have received any medical care you need, it is natural for your next question to be about compensation. After all, recovering from car accident injuries can be expensive in terms of both medical bills and lost wages from work. You deserve to get compensated as quickly as possible so that financial stress does not compound your physical and emotional pain.
Like any other personal injury claim, the damages you can recover fall into two categories: economic and non-economic.
Economic Damages
Economic damages are relatively straightforward to quantify. This category can include:
- Medical expenses. We can determine and prove the value of your medical expenses by collecting your bills from the ambulance and emergency room, your treating doctor, specialists, prescription medications, equipment and supplies, procedures, diagnostic tests, physical therapy, hospitalizations, surgeries, and ongoing treatment.
- Future medical treatment. We can use expert witnesses to determine whether you will need future medical treatments.
- Long-term disability. If you are unable to work again after the accident, you can get compensation for losing your livelihood. We can use vocational experts to prove this amount.
- Lost wages. You can collect money for wages you lost while recuperating from the crash. You can recover compensation for any wages you lost attending doctor’s appointments, recovering from injuries or surgeries, or even days you had to leave early because your injuries kept you from working a full day.
- Property damage. The cost to repair or replace your car and its contents is a standard economic damage.
In short, anything that requires you to spend money or prevents you from collecting money you otherwise would have earned is economic damage.
Non-Economic Damages
Unlike economic damages, non-economic damages do not come with invoices. Not to worry: we can determine the fair amount of your non-economic damages based on your economic damages and the other facts of your case. Your non-economic damages can include:
- Psychological trauma. If the accident was unusually disturbing, a person might suffer nightmares, insomnia, fear of driving or riding in a car, or other psychological harm. We can work with your treatment team to establish this claim.
- Pain and suffering. Because payment for your medical bills does not begin to cover the pain you endured from your injuries, pain and suffering can be a compensable item of your damages. The amount of pain and suffering damages is different in each case. We can evaluate your claim and advise you of an expected range of recovery for your pain and suffering.
- Loss of consortium. If your injuries interfered with your ability to participate in your close relationships, you might be able to recover for this loss. Your spouse may have a claim for their damages in missing out on your companionship or consortium (sexual relations) because of the wreck.
- Loss of enjoyment of life. If you suffered psychological trauma, disfigurement, or residual impairment or disability as a result of the crash, you might not enjoy life as you did before the accident. Ongoing mobility issues, for example, may result in your being unable to engage in activities that you once enjoyed, like hiking, running, or walking the dog. Being terrified of getting into a car can make you a virtual recluse. Chronic depression after a wreck can take a toll on your relationships.
Unlike many states, Florida Statutes § 766.118 does not cap non-economic damages in car accident claims. For that reason, it is critical to work with a lawyer from our firm who has a strong and proven track record of winning substantial awards for their clients.
When it comes to non-economic damages, the difference between a “great” settlement, a “good” settlement, and a “so-so” settlement could be thousands or even millions of dollars.
Recovering Car Accident Damages After the Loss of a Loved One
If your loved one died in a car accident caused by someone else’s negligence or wrongdoing, the Law Offices of Anidjar & Levine can file a wrongful death claim on your behalf. We can help you recover compensation for the following and more:
- Funeral expenses
- Loss of the deceased’s future earnings
- Loss of guidance and companionship
- The deceased’s medical bills incurred before passing away
Will Being at Fault Affect My Case’s Worth?
Yes. Florida follows the doctrine of pure comparative fault. Comparative fault means that more than one driver can be fault, but that the amount of your negligence will proportionally reduce how much compensation you get. For example, if your damages are $10,000 and you were 30 percent at fault, you will receive $7,000 for your losses (70 percent of your demand).
“Pure” comparative negligence means that the amount of your fault will not bar you from recovery, as long as you were not 100 percent at fault.
What About PIP Car Accident Insurance?
Florida has unique car accident laws, and one of the most complex provisions involves personal injury protection (PIP) insurance. Drivers in Florida are required to carry PIP insurance at a minimum of $10,000 in coverage and must file a claim with this policy before going after the other party for losses.
However, once your total losses exceed your PIP policy limit, you can file a claim against the other driver and their insurer for what is left over. While Florida Statutes § 627.7407 requires you first to file a claim with your own insurer, you can go after the other party and their insurance company for all damages above what your PIP policy pays.
The Law Offices of Anidjar & Levine can help you with filing a PIP claim, as well as make sure the other driver and their insurer pay you what you deserve.
Damages from Your Accident Must Exceed $10,000
PIP coverage takes care of accident-related bills that are under $10,000. If your damages exceed that amount, you may be able to seek additional compensation, particularly if you meet the “injury threshold” included in Florida’s no-fault system.
If you have permanent bodily injuries, physical scarring, or disfigurement, you may be due additional damages. Our lawyer can help you recover damages if your injuries are any of the following:
- Head trauma, such as a traumatic brain injury (TBI)
- Back and spinal cord injuries
- Loss of limb
- Internal organ damage
- Severe burns
- Severe fractures
Medical records, receipts, and other documentation can help us prove the extent of your injury and any treatments you have to take care of them. Save all your documentation and have it ready so that your attorney can review it.
We Can Also Prove Negligence in Your Accident
If your damages exceed those covered by your PIP coverage, then you will have to prove the other party’s negligence caused your car accident. Our lawyer can help you do that based on the evidence available and any that we are able to collect. Your case must be able to prove four things:
- The driver owed it to you to exercise reasonable care on the road.
- The driver did not meet that duty.
- The driver’s careless or reckless driving caused an accident.
- As a result of the accident, you suffered compensatory damages.
As mentioned earlier, we will need evidence to prove the other driver’s negligence. Such evidence would be any of the following:
- Photos from the accident scene and/or photos of your injuries
- Surveillance from a nearby home or business that may have recorded your accident
- The responding police officer’s official report
- Medical records, medical invoices, receipts, and statements from your doctor
- Eyewitness accounts of the accident
- Documentation of missed time at work and wages you lost due to missed time at work
We could enlist the help of an accident reconstructionist or third-party physician who can weigh in on your case to offer a professional opinion. When we meet with you, we can get more details about your accident and review the evidence you have.
What Are Some Other Factors that Can Affect the Worth of My Claim?
There is no limit to the number of other things that can increase or decrease the amount of compensation you could receive.
Your Injuries
If you take a year and a half to recover from your injuries, your settlement will likely be higher than someone who recovered in three months.
Your Salary and Recovery Time
If you make $40,000 a year and need to take two months off work to recover, your settlement might be less than someone who makes $100,000 a year and needs to take one month off.
Your recovery time might also affect the non-economic damages you are entitled to receive. If it takes you a year to recover from your injuries, we can argue that you endured much pain and suffering and therefore deserve a higher settlement.
Each Driver’s Behavior
The behavior of all the parties at the accident scene can also cause a higher or lower settlement. For example, if a driver left the scene illegally or was intoxicated, they might have to pay the other driver more, or they might receive less for their own injuries.
One of the drivers having a history of DUIs or numerous accidents can also impact the compensation they might receive for the accident.
What You Say After The Accident
While most people apologize after an accident or say that they are okay, this can jeopardize a settlement. An insurance adjuster can use an apology to argue that you admitted to causing the accident. Adjusters can also use you saying you are okay to argue that you did not suffer injuries in the crash. If the insurer argues that you caused the accident or that you are uninjured, they may be able to reduce or deny your settlement completely.
You Can Negotiate for a Higher Settlement
Many car accident victims don’t know that they can reject the insurer’s original offer and negotiate for a higher amount. We understand that this can be a frightening experience, so we can handle it on your behalf. We have years of experience dealing with insurance companies, and we won’t let them give you less than you deserve.
We can ensure that the offers include all the damages you have incurred due to the accident.
We Can Guide You to Make Beneficial Decisions
Oftentimes, when a person is suffering after an accident, they do not know what actions to take to best protect themselves and their potential settlement. The Law Offices of Anidjar and Levine can be there every step of the way to advise you.
Be Sure to File a Police Report
Make sure to call the police to the scene of the accident. A police report is an unbiased third-party report of the car accident.
Having this report can help establish that you were the victim of the car accident and that the other party is then liable to compensate you for your injuries and losses. This police report can be persuasive to a judge or jury if you ever decide to pursue legal action in the form of a lawsuit against the other party.
See a Doctor for a Medical Evaluation
For your own safety and health, after a car accident, you should seek immediate medical attention. This medical evaluation by a doctor or other medical professional will prove that you have substantial injuries due to the car accident, and the negligence of the other driver. Any medical bills, prescriptions, or physical therapy may be compensated in a lawsuit.
You Have a Limited Time to Act After a Car Accident
Florida Statutes § 95.11 establishes a time limit within which you must file your case or forfeit all damages.
The timeline may be shorter or longer depending on a variety of factors, so it is important to speak with a lawyer as soon as possible to learn your options and obligations. If necessary, the Law Offices of Anidjar & Levine can file a quick claim to keep the timeline from expiring.
Call The Law Offices of Anidjar & Levine Today for Claim Help
Do not risk leaving money on the table. If you handle your claim alone, you might miss out on thousands you deserved. The Law Offices of Anidjar & Levine can investigate your accident, determine the value of your claim, and protect your case from insurance companies and their tactics.
Call the Law Offices of Anidjar & Levine today for your free consultation.
We Can Help.
