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Personal injury cases can take a heavy toll on individuals and their families, often causing physical, emotional, and financial strain. When someone else's negligence causes you harm, you have the right to seek compensation for your losses. But how is compensation calculated in a personal injury case in Florida? This is an important question that requires a bit of explanation. This blog post will provide a comprehensive guide to understanding compensation calculation in personal injury cases in Florida.
The compensation for a personal injury case is known as "damages." Damages are calculated based on a variety of factors, including the severity of the injury, the amount of medical treatment required, and the extent of property damage. Additionally, damages may be awarded for lost wages, pain and suffering, and emotional distress.
To determine the settlement amount, a Florida court will consider various factors, including the nature and severity of the injury, the incurred medical expenses, and the duration of the treatment. Other factors that influence the settlement amount include the victim's lost wages, loss of future earning capacity, and extent of non-economic damages such as pain, suffering, and mental anguish.
Another essential factor that influences the compensation calculation is fault. Florida follows the rule of comparative negligence, which states that the compensation amount will be reduced by the victim's proportion of fault. For instance, if the victim had 30% of the fault, then the damages they will receive will be reduced by 30%.
It's crucial to note that the defendant's insurance representatives determine whether to settle the claim or take it to court. Insurance companies prefer to settle claims rather than going to court because it saves money on legal expenses. However, it's essential to note that insurance adjusters will aim for a low settlement. The victim's attorney will represent their best interests and negotiate a fair settlement with the insurance companies.
Who pays compensation to the victim? The party responsible for paying damages will differ based on who was legally responsible for the damages. Depending on the circumstances, the at-fault party's insurance company will pay the compensation amount. In some cases, the at-fault party may not have insurance, in which case, the victim may receive damages from their own insurance company if they have uninsured motorist coverage.
In conclusion, a personal injury case's compensation amount depends on the severity of the injury, the incurred expenses to treat the victim, and the extent of the damages. Calculating the settlement amount involves assessing various factors to create a fair and just settlement for the victim. At Angulo Law Office, P.A., we help the Florida public receive compensation for their losses in a personal injury case. Our experienced attorneys understand Florida's law and can assist clients in navigating the legal process. If you have suffered an injury recently, contact us to schedule a free consultation and start your road to recovery today.
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
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