What Factors Determine the Value of Bodily Injury?
Florida Personal Injury Attorney Helping Victims of Bodily Injuries get Compensation
The most common question that our law firm receives is how much an injury claim is worth. Unfortunately, the answer is not that simple. Many factors go into determining the final amount of a bodily injury claim. Often, it is more complicated than just adding bills and multiplying for pain and suffering. Also involved are proof of liability, where the injury occurred, medical treatments and their reasonableness, and so forth.
To fully understand how your bodily injury claim is valued, you must know what factors the courts consider.
Five Critical Factors that Determine Settlement Value in an Injury Case
- The question of liability. Settling an injury claim relies heavily on establishing liability. If you have a preponderance of evidence that proves responsibility of the defense, then you are likely to get a higher claim than one with inconclusive or limited evidence.
- Where the accident happened. Where you received your injuries is also a critical factor. Some personal injury lawsuits, in particular, certain counties yield higher settlement results, so the insurance company is more likely to settle out of court. Your attorney will research past victories and verdicts in that area to better understand how much compensation you could receive for your claim.
- The comparative negligence issue. In Florida, courts recognize the pure comparative negligence standard. The standard states that the amount of your negligence will reduce your settlement value. Percentages assign negligence. If you were 10 percent negligent, your settlement value would then be reduced by 10 percent to account for your contribution.
- The necessity and reasonableness of your medical treatments. It’s likely that you will have medical expenses. However, the adjuster will not agree to all bills, especially those that are felt to be unnecessary. They look at reasonable treatment costs, and costs that go past those moderate amounts might be argued in court. You should also receive treatments from a reputable, licensed physician. This increases the chances that your medical costs and treatments are taken seriously.
- Multiple cars involved or policy limitations. Sadly, the amount a policy has for bodily injury plays a role in the value of your injury case. When more than one vehicle is involved, the issue of finding the responsible party becomes extremely complicated. While funds might be distributed to you from multiple insurers, the insurance policy limits still cap how much you can collect from that insurance policy.
Have Questions About a Settlement Value? Contact an Attorney
Determining your settlement value comes down to years of experience in handling personal injury cases. If you want to know how much your claim is worth or if you think you have a potential case, contact the Law Offices of David M. Benenfeld P.A. today.
Our personal injury lawyers are here to advocate for your right to compensation. We will go over your claim, educate you on the process of settlement, and, if necessary, lawsuit procedures, and ensure that your best interests are always considered. Schedule your free, no-obligation consultation now at 954-677-0155 or ask us a question online.