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How to Estimate Your Personal Injury Claims Damages

Car accident settlements depend on a few factors: the strength of your case and the extent of your losses (which are referred to as “damages”). When you are trying to figure out how much your personal injury claim is worth, you are better off speaking with a West Palm Beach personal injury lawyer.

But, there are things you can do to familiarize yourself with how losses are calculated in order to fully understand how those numbers are determined.

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The Strength of Your Claim Matters

Florida is a no-fault state, which means you can only recover damages after you have filed and exhausted your PIP claims.

Also, to recover damages, you must be able to prove the following occurred:

  • Rear ending a vehicle because the driver was not paying attention.
  • Making unsafe maneuvers in traffic.
  • Disobeying the rules of the road or ignoring traffic signals.
  • Talking or texting while driving.
  • Driving recklessly or dangerously for weather conditions
  • Speeding
  • Tailgating or cutting off another vehicle.
  • Reckless or overly aggressive driving practices.

While it’s important to note the details of your car accident case, particularly if another party was responsible, but it is just as important to ask yourself if you were partially negligent or responsible for your injuries. For example, you were not wearing a seat-belt.

What about Pain and Suffering?

Pain and suffering is a different calculation that involves multiplying unknown factors and out-of-pocket expenses. For example, if you have a neck injury from your car accident, you may have encountered medical costs that reached $2,500. You also missed a week of work, which forced you to lose another $1,000.

Determining the Multiplier

Determining which special multiplier can be used to determine your settlement value depends on a few factors. These factors can include:

  • If there were aggravating circumstances, such as a drunk driver or someone driving while under the influence of drugs. These cases qualify for a higher multiplier.
  • If you or your passenger(s) suffered from serious injuries that will take longer to recover or leave you permanently disabled, then a higher multiplier will be used to determine a case settlement.
  • Some people will suffer from car accident injuries for the rest of their lives while others will only suffer a few weeks or months after filing their claim. The total length of recovery will determine the multiplier.
  • If you become permanently disabled due to your injuries, then a higher multiplier will be used than for a victim who will make a full recovery.

Getting a Settlement of Real Value Takes an Attorney

Car accident lawyers are skilled negotiators and they have handled multiple cases with insurance companies. They know how to get a verdict that is favorable and most importantly, they know how insurance claims adjusters work.

A car accident lawyer can assist in determining your car accident or personal injury case settlement. He or she can assess your injuries, potential future costs, and determine not only which multiplier should be used, but ensure that legal costs are also covered and that you get a fair settlement.

Injured in a Car Accident? Contact Fetterman & Associates, PA Today

If you or a loved one was injured in a car accident, you need the expertise of a car accident attorney. The law team at Fetterman & Associates, PA has helped countless car accident victims calculate their losses and ensure they get settlements based on what they really need.

You can meet with our West Palm Beach personal injury attorney for free consultation today. Call now at 561-845-2510 or visit us in our West Palm Beach and Port St. Lucie offices to get started or fill out an online contact form an attorney will be in touch with you as soon as possible.

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