The factors that affect the value of your Jacksonville personal injury claim go beyond the price of repairing your car or how much you paid for a medical bill. Your financial costs are a significant aspect, but some intangible factors can significantly influence your compensation.
Because not all your losses come with ready-made invoices, arriving at a total for the compensation claim you file with the insurers can be complicated. A Jacksonville personal injury lawyer can offer invaluable guidance and assistance when pursuing a complete compensation package.
The Losses You Sustain Influence The Value Of Your Personal Injury Case
Did someone’s negligent or wrongful act cause your injury? If so, your losses directly related to the accident become part of your compensation claim. They may include:
- Current and future medical expenses
- Property repair or replacement
- Loss of income while recovering from your injury
- Loss of future earnings if you can’t return to work
- Pain and suffering
- Loss of consortium
- Mental anguish
- Loss of quality of life
- Disability or disfigurement
When you, the defendant’s insurers, or the courts calculate the value of your losses, the paper trail of paid invoices will count toward the final amount. However, they’ll also review and consider these factors:
- Your age at the time of the accident
- Your work life expectancy (WLE) (how many years you would typically be in paid employment)
- How much income you would have received from the time the accident occurred to the end of your expected WLE had you not been injured
- The expected wage growth rate during your WLE (how much an expert estimates your wages and income would grow annually)
- Inflation rates
- Your education level at the time of the accident
- Your life expectancy
- The prognosis for your future medical needs and associated costs
From a practical standpoint, the more severe your injury is, the more compensation you will likely recover.
The Defendant’s Level Of Negligence Can Affect Your Jacksonville Personal Injury Compensation Claim
Juries don’t view all acts of negligence equally when determining compensation for a personal injury.
- An example of ordinary negligence might be a driver not checking their blind spot and failing to signal before changing lanes. If the defendant was speeding, ignoring traffic signals, or driving while impaired, a jury might consider their actions as gross negligence. Although your injuries are the same, the at-fault driver’s lack of regard for your safety may affect how much compensation you receive.
- Florida’s rule of modified comparative negligence can reduce the value of your compensation claim. Florida allows you to recover compensation for your personal injury losses even if you are partially to blame for the accident, as long as a jury doesn’t find you to be more than 50% at fault. For example, if the jury deems you were 20% at fault, you may recover up to 80% of your losses.
- Vicarious liability could change who you can pursue for damages. For instance, suppose an employee’s negligent action caused the accident. You could hold their employer responsible for their worker’s negligence.
How Insurance Policy Limits Affect The Value Of Your Claim
The defendant’s liability policy limits can affect the value of your Jacksonville personal injury claim. Insurers typically cap how much they will pay on a claim. That amount depends on the policy the defendant purchases.
Usually, the policy caps how much it will pay per person for each accident and the total for the accident. Sometimes, the total payout for each accident means victims may receive less, depending on the total number of victims.
What Can You Do If The Insurance Cap Doesn’t Cover Your Losses?
If your losses exceed the amount the defendant’s insurance policy covers, you may be able to recover the balance from the defendant if they have adequate assets. It’s challenging to go after personal assets. It may be even more difficult to recover compensation if you win your case. Working with an attorney experienced in personal injury litigation can help you determine your best legal options.
How Personal Views May Shape The Outcome Of Your Case In A Trial
If your Jacksonville personal injury case goes to trial, the jury and judge may hold private views that can affect your compensation claim. Even though judges and jury members swear to abide by the rule of law, they sometimes can’t stop their individual opinions from swaying a case’s outcome.
Jury members may find you relatable and your story a sad one. In such a case, they may vote to award you a larger award than if they disliked you or couldn’t empathize with your situation.
Your Personal Injury Lawyer’s Negotiation Skills And Experience Matter To The Outcome Of Your Case
Most personal injury cases end with a settlement before going to trial. Finding an attorney with a deep knowledge of Florida’s personal injury laws and a history of successfully recovering compensation for clients can increase your chances of a positive outcome.
You have more control over the outcome if you and your legal team can negotiate a compensation settlement. Trials are expensive and time-consuming, and although litigation experience makes a difference to a personal injury case, once the decision is in the hands of a jury or judge, you lose control over the final result.
Call The Law Offices of Anidjar & Levine For A Free Case Consultation
The Jacksonville personal injury attorneys at the Law Offices of Anidjar & Levine know that the value of your personal injury claim can dictate your ability to build a future for yourself and your family. Contact our office today to get answers to your pressing questions.
Our team will travel to you, help you access the best medical care, and always be just a phone call away. It’s our job to get the money you deserve. We do the fighting, so you don’t have to.
