How Do I Know if my Claim is Worth Pursuing?
No two car accidents are the same, and neither are the resulting injuries or hardships. Traveling speed, force of impact, collision angles, and reaction time all play a role in the severity and effects of a car crash. The amount of compensation you can expect to receive after an automobile accident can vary depending on the circumstances and severity of the crash.
These are a few key factors that come into play when determining the value of a personal injury claim:
The first is that you have to be able to establish liability. This essentially means that you must be able to prove that someone else’s negligence led to your injury.
For example, if you were struck by a driver who failed to stop at a stop sign, then you likely have a worthwhile claim. The driver neglected to pay attention to the stop sign, which led to them hitting your car. Since their carelessness led to your injury, you should have the ability to claim damages and recover from the losses that they caused.
Additionally, you have to be able to show that the incident caused significant losses. It is important to consider all forms of losses:
- Pain and suffering
- Lost wages
- Medical expenses, etc.
Your lawyer will work with you to assign a monetary value to these losses, and that value is a big indicator of whether a lawsuit is worth pursuing or not. There are costs and fees that come along with such action, and it is important to determine whether the potential payoff will be worth the expense.
Determining How the Accident Relates to Your Injuries
Another important thing to consider is the extent to which the accident caused your injuries or aggravated pre-existing ones. You have to determine how serious your injuries are, and what amount of treatment you need. If you will have to miss work to recover, if you will no longer be able perform the same type of work, or if you will no longer be able to work at all, this should also be taken into account.
Also, if you sustain an injury that you will never be able to fully recover from, this can have a great effect on the value of your case. This means that it is also very important that you are under the care of a qualified doctor that will honestly and accurately diagnose, treat, and document your injuries.
Additionally, they should maintain regularly updated documents of your treatment progress and changes in your condition. It is vital to your case that the jury can see and understand the expenses you’ve incurred as well as the extent and ramifications of your injuries.
Trust a Qualified Attorney at Dismuke Law
At the end of the day, a case is only worth as much as the judge or jury will award. This is where the importance of a qualified, reliable attorney is the greatest. An experienced trial lawyer will present the evidence in your case in a way that the jury will understand, allowing them to make a clear and informed decision.
If you’ve been involved in a crash, you most likely still have questions about your rights and legal options. Give our auto accident attorneys a call at 1-800-ASK-DAVE to receive your free consultation. We’re here to help!
Florida Is a No-Fault Auto Insurance State
Florida is a no-fault auto insurance state. This means that most car accident victims will need to file claims under their own personal injury protection (PIP) coverage to recover compensation for medical bills, lost earnings, and other losses, regardless of who was at fault for causing the collision. There are exceptions, however.
It is possible to file a third-party claim or lawsuit against the driver that caused your accident if you have experienced injuries that qualify under Florida law. This may include:
- Scarring and disfigurement
- Significant, permanent loss of a key bodily function
- Permanent injuries
Filing a third-party insurance claim or personal injury lawsuit against the at-fault driver also opens the door to the recovery of non-economic damages such as pain and suffering, which are not available in a no-fault insurance claim.