To begin with, attorneys use many factors to determine the value of a personal injury case. In fact, these factors include both economic and non-economic damages. Like, the severity of the injury and other costs related to your auto accident injury. So, after an auto accident, it is common to wonder about compensation for your injuries.
Furthermore, the insurance company has its own formulas for determining the value of your personal injury claim. Thus, it is important to consult with an attorney. Because they know state laws. As well as, the important circumstances of your case to calculate the value for you. Our Tampa personal injury attorneys can review your case and provide an estimate for how much yours is worth.
Evaluating Your Personal Injury Damages
First, a personal injury attorney will review the amount of damages you incurred from the auto accident. Next, they will add an estimated dollar amount to the list of damages you suffered. For example, we listed some common damages used when evaluating a claim.
- Current and projected medical bills
- Pain and suffering
- Emotional trauma
- Lost wages, both current and projected
- Loss of enjoyment of life
- Damaged relationships
- Property damage
Even though a lawyer can calculate an estimate of your damages, it does not mean you will get that amount. Unfortunately, they will need to consider a lot more before finalizing a settlement value.
How Fault Affects The Value Of Your Claim
Second, the amount or level of fault affects the amount of compensation for your claim. In fact, depending on your state laws the amount of fault will reduce compensation a jury can award. So, when you share fault in the accident that caused your injuries it will reduce the value of your claim.
Thus, when your negligence or carelessness is a factor in the cause of the accident, your state law could lower the amount of damages received. Because each state is different, the amount they lower your compensation will depend on the state the accident occurred.
Negligence and Personal Injury Cases
Third, when your negligence or carelessness plays a role in the accident your state will follow one of three basic rules. Furthermore, these will reduce the amount of damages by the percentage of fault. Or, cut it entirely! With this in mind, we have listed a breakdown of the three negligence rules.
- Pure Comparative Negligence – As for, comparative negligence it lowers damages by the percentage of fault for the accident. By the way, Florida uses this rule to help determine the amount of damages.
- Modified Comparative Negligence – Similarly, modified comparative negligence reduces the amount of damages by the percentage of fault for the accident. But, when the fault is 50 percent or greater they do not allow you to collect damages. Also, percentage limits vary by state.
- Contributory Negligence – So, contributory negligence is the most strict rule of the three. As a matter of fact, any percentage of fault will prevent you from collecting damages.
Finally, when calculating damages for your claim, your attorney will take into account the case expenses. For example, they may need to pay an expert witness. Or, pay to have the deposition testimony transcribed. Then your attorney will compare these costs with your estimated recovery to make sure the lawsuit has value.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.