How much your 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.
What Damages Can I Get from a Car Accident?
Like any other personal injury claim, the damages you can recover fall into two categories: economic and noneconomic.
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 lostwhile 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.
Unlike economic damages, noneconomic damages do not come with invoices. Not to worry, we will determine the fair amount of your noneconomic damages based on your economic damages and the other facts of your case. Your economic damages can include:
- Pain and suffering
- Mental anguish
- Loss of consortium
- Loss of enjoyment of life
Will Being At-Fault Affect How Much I Can Recover?
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 Are Some Other Factors That Can Affect the Value of My Claim?
There is no limit to the number of other things that can increase or decrease the amount of compensation you will receive.
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 noneconomic damages you are entitled to. 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, he might have to pay the other driver more, or he might receive less for his own injuries.
One of the drivers having a history of DUIs or numerous accidents can also impact the compensation he 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, it may be able to reduce or deny your settlement completely.
Call the Law Firm 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 Firm of Anidjar & Levine can investigate your accident, determine the value of your claim, and protect your case from insurance companies and their nefarious tactics.
Call the Law Firm of Anidjar & Levine at 800-747-3733 today to schedule your free consultation.