If you’ve been injured in a Jacksonville auto accident, it’s only natural to want to know what you can expect in terms of compensation. You may be facing large medical bills or have missed work time due to the accident, and you want to know what to expect.
Contrary to what you may see on some websites, there is no quick calculator that can tell you what your claim is worth. Every accident case is different, and there are many factors to consider. The best way to get reliable information about the possible value of your specific car accident claim is to talk to an experienced local personal injury lawyer.
In this post, we’ll explain what some of the most common variables are and how each impacts your car accident case. Your injury attorney can explain in more detail how these variables may affect the value of your claim.
Some of the variables that affect the compensation you may receive in an automobile accident case include:
It goes without saying that if you’re pursuing an injury claim from a car accident, you believe that the other driver was at fault for the crash. But there are still two fault-related variables that may affect the value of your claim, or at least how the insurance companies try to defend them. One is whether the other driver was entirely at fault, which is the most typical scenario. In that situation, there isn’t a reason or need to “compromise” what you receive for your damages or injuries. However, there are situations where a client may be partially at fault. In that case, your compensation may be proportionately reduced by that percentage of fault. So, sometimes, even when a client is not a fault, an insurance company may try to argue during settlement negotiations that a person “could have” or “should have” hypotheticals to try and reduce what they have to pay. But, if a person does legitimately have some fault in the accident, it’s important for us to keep that in mind and consider it during negotiations because otherwise, it could force a trial and then jurors are deciding who and where the fault lies.
After a serious car accident, there may not be enough insurance coverage available to fully compensate the injured party. Unlike most states, Florida does not require most drivers to carry bodily injury liability coverage. While an injured party does have the option of pursuing compensation directly from the driver who caused the accident, that isn’t always realistic. Many drivers simply don’t have the resources to pay a claim out of their own pockets, and don’t have assets that can be attached to satisfy a judgment. A car accident attorney in Jacksonville can investigate the responsible party’s resources and tell you whether or not it is viable to collect from them directly.
In a Florida accident case, damages are divided into two categories: economic and non-economic. Economic losses are actual, measurable costs and monetary losses. Some of the most common examples include:
Economic losses may also include costs such as household help to attend to tasks you can no longer manage on your own. Your Jacksonville injury lawyer can walk through the categories with you and help ensure that you include all expenses that may be counted as damages.
Not all harm comes down to dollars spent. Many people who have been injured in serious accidents also suffer pain, mental anguish, and loss of quality of life. For example, someone who was an avid golfer or passionate surfer and could no longer participate in those activities after their injuries might be entitled to compensation for that loss. However, non-economic damages don’t have a clear numerical value. And, of course, money won’t fix the damage. However, our court systems award monetary compensation for these types of damages in large part because there is no other way to provide compensation to the victim or hold the negligent driver responsible.
It will be up to you and your auto accident lawyer to present evidence of the value of your non-economic damages, which may require the use of an expert witness, testimony from family or close friends, and perhaps even video documentation of the challenges you face in day-to-day life.
Note that you are typically also entitled to compensation for damage to or loss of your vehicle if someone else was responsible for the crash. However, in Florida this claim is typically handled separately by the insurance carrier and will usually not be part of your personal injury case. Often, the property damage claim has been resolved before the injured party pursues a personal injury claim.
Given the complexity of determining the value of a car accident claim, you may be unsure how to know whether or not the settlement offered to you by the responsible party’s insurance carrier is a good deal. You should be extremely cautious about accepting a settlement offer without speaking to a car accident lawyer, especially if you have long-term or permanent injuries or are not yet fully recovered.
If an insurance company offers you a quick settlement, there’s a good chance that they’re hoping to get you to sign away your rights before you find out the full extent of your damages or what type of compensation you may be entitled to. If you settle your case and then later find out you need expensive additional medical care, for example, you would be on the hook to pay for that care on your own.
The best way to avoid this trap is to talk to an experienced Jacksonville personal injury lawyer as soon as possible after your accident–ideally before you have any interactions with the insurance company.
At Harrell & Harrell, we know that the time immediately after a serious car accident can be overwhelming and confusing. We also know that some insurance companies use that uncertainty against you. We offer free, no-obligation consultations to Jacksonville-area injury victims so you can make informed decisions about your future. Call us today at (904) 251-1111 or fill out our contact form.
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