Factors a Florida Car Crash Attorney Measures for Compensation
When you’re involved in a car accident, the emotional, physical, and financial burdens can be high. You may be seeking financial compensation to cover medical expenses, lost income, and car repairs.
But how exactly does your Florida car accident attorney determine if you qualify for compensation and how much the final amount may be?
Who Caused the Accident?
The person who caused the accident generally has legal liability for the injuries. Typically, this is one or both of the drivers involved in the accident. However, the responsible party can also be the company that employs a truck driver or other parties that may have contributed to the accident.
You may wonder if you can still collect compensation even if you were partly at fault. Under Florida’s comparative negligence fault system, as long as you were less than 50% responsible for an accident, you may still qualify for compensation.
However, your final compensation amount will decrease alongside your degree of responsibility. For example, if you were 30% to blame for the accident, you may qualify for 70% of the total damages.
What Insurance Coverage Applies?
Florida has a No-Fault Motor Vehicle Law, which means that you must first use your own insurance coverage (PIP benefits) to pay for medical treatment. However, this does not mean the at-fault driver is not responsible for your damages.
You can seek additional compensation against the other driver by filing a claim through their bodily injury coverage.
What Injuries and Losses Did You Suffer?
One of the biggest factors involved in determining compensation amounts is the nature and extent of your losses. To cover your losses and injuries, the at-fault party may owe you “damages” that come in two types: economic and non-economic.
Economic Damages
Economic damages cover the quantifiable costs of your car accident and include the following:
- Medical expenses (past and future)
- Lost income (past and future)
- Property damage
To calculate these damages, your lawyer will use medical bills, employment records, and other documentation to add up your total costs related to the accident.
Non-Economic Damages
Non-economic damages cover the very real but harder-to-quantify costs of an accident, such as the following:
- Pain and suffering
- Disfigurement or scarring
- Loss of enjoyment
- Mental anguish
Because non-economic damages are subjective, relevant factors may include the age of the person, the degree of suffering, or whether the injury causes permanent disability.
Your non-economic damages are sometimes greater than your economic damages.
Do You Have Legal Representation?
Having a Florida car accident attorney by your side can also affect the final compensation amount. Unfortunately, insurance companies don’t always offer fair settlements to victims – especially as it relates to non-economic damages. A legal professional can help your claim progress more efficiently and effectively. Personal injury lawyers will handle all the paperwork, keep track of deadlines, inform you of your legal rights, and represent you in court if your case goes to trial.
Consult With a Car Accident Attorney in Florida
If you’ve been injured or lost a loved one in a car crash, contact our Florida car accident lawyers today. We can help you negotiate with insurance companies or file a personal injury lawsuit to seek fair compensation.
Lyons & Snyder has offices across South Florida in Plantation, Delray Beach, and Key West. Call us at 954-627-1779 or contact us online for a free consultation with an experienced Florida car accident attorney.
