If you are unfamiliar with the legal system or the complexities of insurance negotiations, personal injury cases can be challenging to navigate. Trying to recover a fair amount of compensation to cover the damages suffered in an accident is the endgame when you take up a personal injury case.
It may seem like an uphill battle to put together the evidence and prove the worth of these damages, but if the proper steps are taken, you can increase the value of the settlement for your personal injury case.
If you or a loved one has been injured due to someone else’s negligence, reach out to Florida’s personal injury and wrongful death law experts at Howell & Thornhill, P.A. We have the experience and compassion to see your case through until the ultimate goal of obtaining the compensation you rightfully deserve.
Personal Injuries in Florida
In Florida, thousands of people are injured every day, and many of these injuries are the result of another person’s negligence. In these types of circumstances, the injured party has the right to pursue a civil claim against the liable parties to recover compensation for the losses accrued because of the damages suffered.
Different Types of Personal Injury Cases
It may sound like an oversimplification, but anytime a person suffers a physical injury, it is a personal injury. What makes a personal injury case is when a personal injury occurs because of someone else’s negligence or negligent actions.
Damage to property can also be included in a personal injury case, but physical harm must accompany any of the other damages.
During a personal injury lawsuit, a court will determine whether someone is held accountable for causing the claimant’s injuries. The state of Florida expects the responsible party to pay for the injured party’s losses because of the injury.
A personal injury case can arise from a multitude of situations or circumstances, but some of the most obvious include:
- Vehicle accidents
- Slip and fall accidents
- Dog bites or animal attacks
- Workplace injuries
- Accidents on construction sites
- Medical malpractice
- Faulty product injuries
- Tripping on cluttered aisles or floors
- Poor maintenance of roads or property causing injury
- Intentional acts like assault and battery
Increasing My Personal Injury Settlement in Florida
It can be a rough road to secure appropriate compensation for the damages caused by someone else’s negligence. This is especially true if this is your first personal injury claim. An inexperienced claimant can be bullied by insurance companies and may end up settling for an initial low offer.
Before accepting any offers, it is important for you to talk to a Florida personal injury lawyer first. They can teach you about the lay of the land before you venture into hostile territory to be taken advantage of by professional negotiators.
There are certain established steps you can follow to increase personal injury settlements in Florida.
1. Get Medical Attention
Getting examined by a medical professional is an essential step in increasing your settlement value in a personal injury case. You should still seek medical attention even if hope that the pain will go away. You may not realize that you are seriously injured in the first few days after a trauma.
Injuries like whiplash or traumatic brain injuries may take time to understand and discover, but these injuries can have long-term consequences. Receiving the necessary treatments as soon as possible can help avoid possible health complications in the future. Plus, seeking medical attention provides a record that you can use as evidence in the future.
Our firm often works for people with severe, sometimes life-threatening injuries. It is crucial to document the injuries. This documentation should include any and all medications, surgeries, or ongoing treatments you have had to undergo after the injuries occurred.
2. Document How it Happened and the Damages
Another crucial step in helping to increase your personal injury settlement is to document all the damages that happened because of an accident. As soon as you are out of harm’s way, you should start documenting and gathering evidence.
This evidence can substantiate your claim. If this is a vehicle accident, you may want to take pictures of the scene—your injuries and the damage, as well as the conditions and any environmental issues that may have contributed to the crash. You can also get video footage of the scene.
Also, make sure to collect as much critical information as possible, like:
- The names, addresses, and phone numbers of all involved in the accidents
- The names, addresses, and phone numbers of all witnesses
- Any police reports
These same sorts of information should be collected in any personal injury case, like slip-and-fall cases, dog bites or workplace injuries.
You must provide the liable party’s insurance company with evidence of all the costs incurred both during and after the accident. These costs can include:
- Medical expenses
- Property Damage
- Lost earnings or wages
It is essential to keep records of all the damages. This documentation may include:
- Receipts and bills related to the accident
- Documents showing lost wages from work
- Photos of all property damage and injuries
This documentation offers concrete evidence of the costs sustained because of someone else’s negligence. This compilation of evidence can then be used to negotiate a fair settlement with insurance companies. This same evidence can be used in court if you with the advice of an experienced attorney deem it necessary to further the pursuit of fair compensation in front of a judge or jury in the courtroom.
3. Hire a Personal Injury Attorney
One of the most critical steps you can take when trying to increase a personal injury settlement is hiring an experienced attorney to manage the case. A skilled attorney can help your case in several ways.
Investigating and Gathering Evidence: Most cases require a thorough investigation of the accident to gather all the evidence they will need to bolster your case. This evidence may include:
- Accident scene analysis
- Eyewitness accounts
- Examining medical records
- Presenting other relevant documents
Gathering this evidence establishes the liability of the at-fault party and provides a full extent of the damages.
Negotiating with Insurance Companies: Insurance companies will try to settle a case quickly and for as little as they can get away with. Your lawyer should be an experienced negotiator. The art of negotiation is a vital skill to have in the journey to fair compensation for injuries and damages. Your attorney should understand the case’s value, determine the appropriate settlement amount, and work toward that goal with commitment and purpose.
Identifying All Potentially Liable Parties: There are cases when more than one person is responsible for the accident and resulting damages. These liable parties may include:
- The employer of the driver at fault
- The owner of the vehicle which caused the crash
- The driver of another vehicle
- The manufacturer of the vehicle
- The parties responsible for maintaining a road
An attorney can root out exactly who was liable and pursue fair compensation for each party’s negligence to maximize the settlement value.
In some cases, involving accidents caused by drunk drivers, there may be other liable parties like the establishment serving alcohol to the driver. Identifying any potentially liable parties gives your attorney more avenues to pursue fair compensation from each of them, increasing the overall settlement value of the case.
Identifying all potentially liable parties can also help when the party that is primarily liable for an accident does not have enough insurance coverage or the assets to pay for all your damages. In these cases, it may be necessary to find additional liable parties that played a part in the accident to help ensure you recover the total compensation needed to make a full and fair recovery from your injuries and damages.
Understanding the Law: Florida’s personal injury laws can be a complicated mess. A patient attorney will take the time to instruct you on the legal system and the laws dictating your case. As you come to understand the laws, you can make better and more informed decisions about your case to ensure you stay on the right path to receive the compensation you deserve.
An attorney can also ensure claims are filed in a timely manner. Starting in 2023, Florida’s statute of limitations for personal injury claims based on negligence changed to two years from the date of the injury. There was previously a four-year limit, but that only applies to accidents and malpractice lawsuits that occurred before March 24, 2023.
It is critical to follow these new timelines laid out by this statute. You risk any potential compensation that you need to recover if you do not file your claim in time. A qualified attorney would not allow this to happen.
Possibly Representing You in Court: If negotiations with the insurance company come to an impasse, and they are unwilling to offer a fair settlement, you and your attorney may choose to take the case to court. This can be an expensive and lengthy process, but there are times when it is necessary to recover the compensation needed to heal and get back to your life.
If your attorney is willing to go to trial, insurance companies may consider the expense and evidence of the trial proceedings and be more willing to offer a fair settlement to avoid the uncertainty of a trial. Look for Florida Bar Board Certified Lawyers in Civil Trial Law. This qualification requires numerous trials. Our firm has more than one of these experts.
In these cases, good attorneys will prepare you for trial, represent you in the courtroom, and pursue the maximum amount of compensation possible. Being prepared for trial demonstrates to the other party or parties that you are invested in this case, and you are willing to devote the time and resources needed to pursue a fair settlement or a favorable verdict.
4. Consider Long-Term Damages
It may be necessary to consider long-term injuries in the calculations of the settlement value of your personal injury case. If you experience long-term or permanent injuries due to the accident, it could affect your ability to work or even perform daily activities.
If these injuries were caused by another party’s negligence, then you may be entitled to compensation for future lost wages and medical expenses. An experienced attorney can help determine the cost associated with long-term damages and the health care needed for your injuries and pursue compensation accordingly.
5. Have Patience
There is no need to rush the settlement process—Be patient. The act of patience often helps increase the settlement value of your personal injury case. As we mentioned, usually the negligent party’s insurance company will try to rush out a lowball settlement. There is no need to take less than the case’s actual worth just to avoid a lengthy legal battle.
Have patience and work with your attorney. Allow negotiations and consultations to happen. Allow your injuries to be evaluated fully and a plan of treatment to be set in place. Allow the evidence to be gathered, compiled, and delivered, substantiating and building the fortitude of your case.
This is the path to an increased and fair settlement that reflects the full extent of your damages. Rushing the settlement process leads to things missing and incomplete evidence, which plays a part in your injuries and damages being undervalued.
Cases and the settlement process typically take time to fully understand the extent of your injuries and the long-term effects associated with them. The symptoms from injuries like whiplash or traumatic brain injury often get worse over time and can lead to long-term pain and disability.
Calculating the Worth of a Settlement for Personal Injury Cases in Florida
When trying to figure out a fair settlement amount after you are injured by someone else’s negligence, there are several elements to keep in mind. Trying to calculate the right amount of compensation to match injuries you suffered often relies on the extent of the property damages and the severity of the injuries. Severe injuries usually are tied to costly medical procedures and lengthy recovery periods.
Under Florida law, it is your right to fight for compensation to cover your losses and help you get your life back to your normal day-to-day activities. The overall value of a claim can change or increase depending on certain circumstances and the extent of your losses. To determine the worth of a case, courts consider these damages.
First, understanding the distinct types of compensation available is essential. There are several types of compensation or damages you can recover for your injuries and losses in Florida. There are three different types of damages a claimant may have access to:
1. Economic Damages
This type of damage is easy to quantify or calculate because it is determined by the tangible losses caused by an accident or situation. In some circumstances, these damages are aimed at using compensation to cover tangible losses, including:
- Medical expenses from the past and future
- Lost wages from the past and future
- Property damage
- Rehabilitation and ongoing treatments
Florida has no specific caps for economic damages. A negligent party will have to pay in full for all these types of damages. It does not matter how costly these damages become—the at-fault party is responsible for covering the cost.
2. Non-Economic Damages
The harm to a person is the greatest harm from an injury. Non-economic damages include:
- Pain and suffering
- Emotional anguish
- Loss of consortium
- Loss of capacity for the enjoyment of life
3. Punitive Damages
In certain situations, punitive damages can be awarded. This type of compensation is considered when injuries occur because a defendant acted or refused to act in a wanton or egregious way. These damages are aimed at punishing a defendant for a malicious action or for acting with a disregard for the claimant’s health or safety.
The compensation or the value of your settlement depends on several factors. Your personal injury lawyer in Florida will consider the seriousness of your injuries, the extent of the property damages, and the liability of the other party.
Contact Howell & Thornhill, P.A. Today
Since 1975, Howell & Thornhill, P.A. has fought for our clients with compassionate legal advocacy. We bring a specialized approach to the personal injury and wrongful death cases that we manage. We are here to support you and are committed to finding justice for people suffering from the negligence of others.
We have complimentary consultations in our various offices, but we can also come out to your residence or to see you in the hospital. Florida’s personal injury and wrongful death attorneys at Howell & Thornhill. P.A. ensure that you receive personalized attention from our attorneys, and we emphasize face-to-face interactions because we are dedicated to our clients.
Schedule a consultation today so we can begin to focus exclusively on your personal injury or wrongful death case. We are here waiting to help.