Factors Determining How Much Your Personal Injury Claim Is Worth
What Are Your Injuries?
First, we have to take a look at the nature of your injuries. Depending on the type and severity, it can impact the amount of compensation you may receive following the accident. However, even when they seem minor, some injuries can ultimately cause chronic pain and ongoing problems. Some may even require surgery and treatment for ongoing issues.
Your Treatment
Next, you need to look at what kind of treatment is needed to address your injuries. Many treatments can cause serious financial distress for some alongside the physical toll it can take. If you were transported from the accident scene to the hospital by ambulance, if you had a hospital stay, physical therapy, or emergency room treatment, these are all expenses you have to pay out of pocket for and deserve compensation.
Financial Losses
Depending on the first two factors, including the severity of your injuries and course of treatment, you also have to factor in any financial losses. So, in addition to the mounting medical bills, there may also be extensive property damage, lost wages, and even lost future wages because you currently cannot return to work.
Permanent Injuries
Did you sustain an injury or injuries that have resulted in chronic conditions? Do you have to receive ongoing care for your injuries, or do you need to learn how to live with new physical or mental limitations resulting from those injuries? If your quality of life or life expectancy has been harmed due to the accident, you may be entitled to more compensation.
Who Is at Fault?
The biggest hurdle when filing a personal injury claim for compensation is proving who is liable for the accident. Florida is a no-fault state which means that following an accident, you typically have to file your claim with your own insurance company. To establish liability, you must collect evidence proving that the other driver was at fault.
Some evidence you can collect includes police reports, photos, medical records, repair statements, witness statements, state traffic laws or vehicle codes, towing records, bills from the mechanic, and more.
When taking photos, make sure they show the extent of your losses and help prove liability in the case. Take photos of the location, the vehicles involved, the street signs, the damage to the car, skid marks, debris, obstructions, and anything else that can help paint a clear picture of the accident scene.
Insurance Policies
Finally, compensation will also be based on the insurance policies of those involved. Depending on the policy's limit, there may be a determined amount the insurance company will pay out for compensation. A policy with a higher limit allows for a bigger insurance payout.
Proving liability and filing a personal injury claim can be a complicated process to navigate, especially if you have never done so before. It always helps to consult a professional and knowledgeable personal injury attorney to help you.