Were you recently injured in an accident or as a result of a healthcare provider’s negligence in South Florida? You may be trying to decide whether or not it makes sense to file a claim and how much your claim is likely to be worth. While it is nearly impossible to give you an accurate estimate of the value of your claim without assessing the particular facts of your case, our West Palm Beach injury lawyers can provide you with guidelines to help you understand how the value of a case can be determined.
Financial Losses Associated with Your Claim
What is the amount of your direct, or objective, financial losses? For example, what amount did you lose as a result of past and future hospital bills and past and future lost wages? This amount should be figured into a settlement offer or damages award.
Subjective or Non-Economic Losses Connected to Your Injuries
How severe has your pain and suffering been, and what kind of non-economic damages award might you be able to expect? Determining this amount can be tricky since it is subjective, but your lawyer can help you with an estimate.
Negotiations for a Settlement Offer Versus a Damages Award
Many personal injury lawsuits go through negotiations before the court rules on a case, and you may be offered a settlement. Typically, settlement offers take into account both economic and non-economic damages but may be less than you would receive from the court. However, you can get a payout much sooner and can avoid the physical and financial costs of a trial. Your attorney can help you to determine if a settlement offer is fair.
Effect of Comparative Fault on Your Case
If you are partially at fault and the defendant has evidence to prove your own fault or liability, then your damages award can be reduced by your portion of fault under Florida’s “pure” comparative fault law system. To be clear, you can still recover damages. However, if the defendant can prove that you are 20 percent at fault, your total damages award will be reduced by 20 percent. Likewise, the defendant’s knowledge of your comparative fault can affect settlement negotiations and the total amount offered as a settlement.
Timing and the Statute of Limitations
Unfortunately, your claim will not be worth anything if the statute of limitations has already run out and your claim has become time-barred under Florida law. For most personal injury lawsuits, the statute of limitations is four years. This means that you will have four years from the date of your injury to get your lawsuit filed. As long as you file your lawsuit while the clock is still “ticking,” you can be eligible to obtain financial compensation.
Contact an Experienced West Palm Beach Personal Injury Lawyer
If you want to gain a better understanding of how much your personal injury claim is worth, you should have one of our experienced West Palm Beach personal injury attorneys assess your case for you today. While we can provide you with some guiding information to help you understand how the value of claims is often determined in Florida, it is critical to have an experienced lawyer evaluate the particular facts of your case. Contact Lesser Lesser Landy & Smith PLLC today to learn more about the likely value of your claim and how our firm can help you seek the financial compensation you deserve.