Norden Leacox Accident & Injury Law | April 11, 2024 | Personal Injury
A common question our Orlando personal injury attorneys answer for clients is, “How much is my case worth?” Realistically, that is a better question than asking for the average settlement of a personal injury case in Florida, as settlements vary depending on the facts of the situation.
Your claim could be worth less or much more than the average. The best way to find out how valuable your case might be is to set up a free consultation with an experienced personal injury lawyer. Until then, read on for further insight.
Factors That Impact the Settlement Amount for Your Orlando Personal Injury Claim
The factors depend on the specific circumstances involved in a case. Examples of factors that affect how much your personal injury case is worth include:
- The type of injuries you sustained in the accident
- The medical treatments required for your injuries
- The severity of your injuries, including whether you sustain permanent impairments or disabilities
- Your appearance before and after the accident (i.e., disfigurement and scarring)
- Whether you can return to work or earn any income
- The parties involved in your case
- The duration of your recovery
- The total of your monetary losses and expenses
- The strength of your evidence proving causation and fault
- Whether your actions could have contributed to the cause of your injuries (i.e., comparative negligence)
Many factors impacting your compensation for a personal injury claim are not within your control. However, that does not mean you cannot take advantage of the ones that help you and minimize the negative factors.
An experienced Orlando personal injury lawyer understands these factors and has strategies for maximizing and minimizing various factors in a personal injury case.
What Damages Are Available for a Personal Injury Case in Orlando, FL?
Damages represent the harm caused by the other party’s actions. They include your financial losses (economic damages) and your pain and suffering (non-economic damages). Once you prove that the other party is legally liable for the harm you suffered, you can seek compensation for damage, including:
- The cost of your medical care and treatment, including rehabilitative therapies
- Loss of enjoyment of life and quality of life
- Emotional distress and mental anguish
- Lost wages and benefits, including diminished earning capacity
- Out-of-pocket expenses, including personal care and household services
- Physical pain and discomfort
- Scarring and disfigurement
- Property damage
- Impairments and disabilities
Juries may also award punitive damages in some lawsuits. Thew4 damages do not compensate you for actual losses, even though you receive the money. Instead, the jury awards punitive damages to punish the defendant for gross negligence or intentional misconduct.
Can My Actions Reduce the Average Settlement for a Personal Injury Case in Orlando, FL?
If you contributed to the cause of your injuries, your actions could reduce the settlement for your personal injury case. Florida’s modified contributory fault laws reduce your compensation for damages by your percentage of fault. You also cannot recover damages if you are 51% or more at fault.
For example, suppose a jury awards you $500,000 for a car accident case. However, they also found that you were 15% to blame for causing the accident. Instead of receiving the $500,000, the court reduces the amount by 15% or $75,000.
The amount of your settlement could also decrease if you fail to mitigate damages. Accident victims have a duty to mitigate damages by taking reasonable steps to avoid causing damages to increase.
For example, delaying medical care could cause your injuries to worsen. The other party may not be responsible for damages that occurred because you failed to seek prompt medical care.
Learn How Much Your Personal Injury Case Might Be Worth
Hiring an experienced personal injury attorney gives you an advantage when pursuing a claim. Your lawyer understands how to value damages correctly and knows what damages you are entitled to receive under Florida’s tort laws. An attorney also knows whether the settlement offer from the insurance company is fair.
Before you accept a settlement offer, talk with an Orlando personal injury attorney. An attorney will review the offer and tell you whether the settlement amount is fair. Signing a settlement agreement for the insurance company without legal counsel is unwise, as doing so will likely waive your right to pursue further claims regarding your injuries and damages.
Contact a Personal Injury lawyer at Norden Leacox Accident & Injury Law Today
For more information, please contact Norden Leacox Accident & Injury Law, we have five convenient locations in Florida, including Orlando, Palm Bay, Melbourne, Cocoa, and Titusville. If you were hurt in Melbourne, schedule a free consultation with a Melbourne Personal Injury Lawyer. We have five convenient locations in Florida, including Orlando, Palm Bay, Melbourne, Cocoa, and Titusville.
Orlando, FL Office
964 Lake Baldwin Ln Ste. 200, Orlando, FL 32814, United States
407-801-3000
Palm Bay, FL Office
4620 Lipscomb Street N.E Suite #3K, Palm Bay, FL 32905, United States
321-677-5964
Melbourne, FL Office
1600 W Eau Gallie Blvd #205j, Melbourne, FL 32935, United States
321-450-7134
Cocoa, FL Office
717 S Cocoa Blvd STE 203, Cocoa, FL 32922, United States
321-449-8042
Titusville, FL Office
4527 S Hopkins Ave Suite B, Titusville, FL 32780, United States
407-801-3000