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How to Handle Diminished Value Claims

FOR A FREE LEGAL CONSULTATION WITH A PERSONAL INJURY LAWYER SERVING Lakeland,

CALL 863-250-5050

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Recent Personal Injury Blogs:

What You Should Know About Florida’s “Dangerous Instrumentality” Doctrine

Florida’s “dangerous instrumentality” doctrine creates a unique liability framework that extends responsibility beyond the person directly causing harm. Under this doctrine, the owner of an inherently dangerous tool or device

How Long-Term Care and Rehabilitation Costs Are Factored into Personal Injury Settlements in Florida

A serious injury can lead to extensive medical care lasting months, years, or even a lifetime. These ongoing expenses often represent the largest portion of damages in personal injury cases,

How to Prove Emotional Distress in Florida Personal Injury Claims

Emotional distress can be just as debilitating as physical injuries, yet it presents unique challenges when seeking compensation in Florida personal injury claims. Unlike physical injuries that can be documented

Can You Sue a Government Entity for a Cracked Sidewalk for Causing Your Injury?

Yes, you can sue a government entity for injuries caused by a cracked sidewalk, but the process is more complex than filing a claim against a private property owner. Government

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of Going Through the Process of a Personal Injury Claim

The team at Dismuke Law understands how our clients are affected by accidents and brings that empathy to the courtroom and settlement table every day.

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Recent Car Accidents Blogs:

Will There Will Be A Car Accident Investigation?

The at-fault party’s insurance company will immediately launch an auto accident investigation to reduce their payout.

This investigation includes taking statements from the parties and witnesses and collecting physical evidence, such as photographs and even the damaged vehicles.

While the insurance company attempts to avoid liability, most auto accident victims are left to deal with the personal and financial effects of the trauma. This reality is why it’s important to have a specialist on your side. We won’t let the insurance company take advantage of you.

Should I Seek Medical Attention After An Accident?

Most people avoid doctor appointments after a vehicle accident. However, after a severe auto crash, it is important to follow medical advice to give yourself the best and fastest chance to heal.

Seek medical care immediately after an injury and avoid missing appointments with your healthcare professionals.

Should I Tell My Doctor About Prior Injuries?

Your auto accident case value is determined by evidence from several places, especially your doctors. Most people who require treatment will get better; however, some catastrophic injuries require lifelong care.

After an accident, document what future needs may be necessary. It is also important to tell your doctors about past issues.

The doctors need to give opinions about new injuries and prior injuries that were possibly exacerbated. Failure to provide your doctors with accurate information may damage your credibility and undermine your doctor’s findings.

What Is A Permanent Injury In Florida?

After Lakeland, FL, car accident, you must demonstrate that your injury is permanent to receive compensation for pain and suffering, disability or physical impairment, deformity, mental anguish, inconvenience, or loss of capacity for enjoyment of life.

To be considered a permanent injury, it must include:

A significant and permanent loss of an important bodily function.

Permanent and significant scarring or disfigurement.

An injury that the evidence shows is permanent to a reasonable degree of probability.

What Is "Maximum Medical Improvement?"

Maximum medical improvement is when an injured patient’s condition cannot be further improved or when a healing plateau is reached.

It can mean the patient has fully recovered from their injury, or their condition has stabilized, and no substantial change can be expected. Maximum medical improvement does not mean the patient will not receive future care.

What Is "Palliative Care?"

Sometimes, future care is designed to help with functionality or pain levels and will not cure the condition. This kind of treatment following a car wreck is called “palliative care.” Palliative care is a multidisciplinary approach to specialized health care for people with severe conditions.

It focuses on providing patients with relief from the symptom or pain. Such therapy aims to improve the patient’s quality of life.

How Can A Lawyer Help Me After An Accident?

After getting the care you need, obtaining good advice and counsel is important for your future. Hiring the right personal injury attorneys can make a difference in your case. If you need legal assistance, contact one of our car accident specialists.

If you hire a lawyer on contingency, you will likely pay the same percentage fee whether your lawyer is a first-year lawyer with little or no experience or a board-certified specialist by the Florida Bar.

Lakeland car accidents are stressful. Aside from the immediate physical and emotional stress, the loss of a vehicle’s value is an enormous headache.

However, Florida law asserts that drivers who are the victims of car accidents are entitled to compensation for the loss in value that their vehicle suffers after being involved in a crash.

What is Diminished Value?

Even if your car is not completely totaled, it’s value is often severely reduced by having been involved in an accident. Vehicles that have had to undergo repairs after a crash depreciate at a rate 10-25% higher than if they had never been involved in a crash. This means that if you attempt to sell your vehicle, you will have to do so for substantially less money.

Motorists who have suffered such a loss to their vehicle’s value are entitled to compensation from the at-fault party’s insurer. The claim can not be filed with the vehicle owner’s insurer unless they have uninsured motorist coverage and it is determined that the at-fault driver’s insurance would have covered the diminished value if they had any.

The McHale Vs. Farm Bureau Mutual Insurance Co. case determined that the damages must cover the full cost of repairs and the vehicles’ market value loss. The Court’s ruling also made known that the burden of proof lies on the plaintiff when bringing such a claim forth.

How Long Do I Have to File a Diminished Value Claim?

The statute of limitations for diminished value claims in Florida is three years. The plaintiff must be able to prove that the value of their car has diminished, and to what degree. Oftentimes, though, insurers try to fight these types of claims.

This is why the help of an experienced attorney is imperative. A lawyer can assist you in obtaining the post-accident value of your car from experts in the field, and handle every detail of your case in order to make sure you receive the compensation you are entitled to.

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We Care About Your Recovery

Seriously injured? Have no coverage? We want to talk to you and we can help. We have two convenient office locations in Lakeland and Tampa and can even come to you if you are unable to travel due to your injuries. When you’ve been hurt in Florida, 1-800-ASK-DAVE is the only number you have to remember.

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