Factors That Can Impact the Value of Your Orlando Car Accident Claim
After suffering severe injuries in an Orlando car accident due to the negligence of another driver, you can hold that driver financially liable for damages. In such a case, you may wonder how much compensation you can receive. The amount you may be entitled to for your Orlando car accident claim depends on several factors. As car accident lawyers, we have seen firsthand the various factors that can significantly impact the value of a car accident personal injury case. Each case is unique, so how much you recover will depend on the specific factors surrounding your case. That said, here are some factors that can impact the value of your Orlando car accident claim.
- The Severity of Your Injuries
One of the biggest factors that can impact the value of your Orlando car accident claim is the severity of your injuries. Generally, the more serious and long-lasting your injuries, the higher the compensation you can expect to recover. There are a few reasons for this. First, the more severe your injuries are, the greater your medical expenses will be since you will most likely be entitled to both past and present and future medical expenses. Second, the more serious your injuries, the more work you are likely to miss, meaning the more you lose wages. Depending on the severity of your injuries, you may even be entitled to compensation for lost future earnings. Additionally, the value of non-economic damages, such as pain and suffering, usually increases with the severity of injuries.
- Damages
The economic and non-economic damages you’ve suffered due to your accident directly affect the value of your claim. Economic damages include medical expenses, property damage, and lost wages. Non-economic damages include pain and suffering and loss of enjoyment of life.
- Available Insurance Coverage
Another major factor that can affect the value of your Orlando car accident claim is the at-fault party’s insurance coverage. Pursuing full compensation may be complex if the at-fault driver has insufficient or no insurance. While you can pursue the at-fault’s personal assets, the truth is that most uninsured and underinsured drivers don’t have enough assets to pursue. However, if you have uninsured/underinsured motorist (UM/UIM) coverage, you can file a claim with your insurance company and recover damages that exceed the at-fault driver’s insurance limits.
- Shared Fault
Under the comparative negligence rule, if you were partially at fault for your Orlando car accident, your compensation would be reduced based on your percentage of fault. However, under Florida’s modified comparative negligence rule, you cannot recover compensation if you are more than 50% at fault for your accident.
- Strength of Your Case
The value of your case may depend on the strength of your evidence. You must present evidence that establishes the other driver owed you a duty of care, they breached that duty, the breach caused your injuries, and you suffered damages as a result. You must also have sufficient evidence to prove the damages you are entitled to.
Contact Our Orlando Car Accident Lawyers
The Orlando car accident lawyers at The Pendas Law Firm can help you recover fair compensation after your car accident. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Ocala, Tampa, Miami, Jacksonville, Fort Myers, Fort Lauderdale, Bradenton, Daytona Beach, West Palm Beach, Naples, and Melbourne areas.
Source:
facs.org/advocacy/federal-legislation/liability/guide-to-liability-reform/ending-the-confusion/
