Florida operates under a modified comparative fault model, which has significant implications for personal injury cases. Under this system, each responsible party is assigned a percentage of fault. If the plaintiff is determined to be 51% or more responsible for their own injury, they will not be eligible to collect any compensation at all. This underscores the importance of establishing liability and fault in personal injury cases.
In personal injury cases, a range of damages can be sought. These include past and future medical expenses, past and future pain and suffering, loss of capacity for the enjoyment of life, disfigurement, disability, past lost income, loss of future earning capacity, inconvenience, and even loss of consortium when the injured person is married. Understanding these potential damages is crucial when pursuing a personal injury claim in Florida.
The Truth About Obtaining Compensation From Trucking Companies
Understanding the nuts and bolts of the litigation of trucking and auto wreck injury claims is essential to navigating your personal injury case successfully. Here are some important things for you to keep in mind…
The Size Of The Company Can Impact Your Ability To Recover – Even If You Win
Large trucking companies often have self-insurance or substantial insurance coverage. Meanwhile, smaller trucking companies may purchase insurance or have a self-insured retainer with a large deductible before excess insurance applies.
In short, this means that large trucking companies are financially solvent and can pay even massive compensation awards. What’s more, they are generally too substantial to declare bankruptcy and re-incorporate. However, there’s a risk that smaller trucking companies may choose to file for bankruptcy over paying a judgment.
Even The Most Robust Compensation Packages May Not Cover Your Losses
In theory, the compensation awarded to an individual is supposed to restore them to the position they would have been in had the accident not occurred. While this might be relatively straightforward for vehicle damages, it’s important to recognize that no amount of money can fully compensate for a loss of life or a severe, lifelong injury. Still, it’s important to seek compensation for every part of your claim.
- Pain & Suffering
The value attributed to pain and suffering is not fixed, as it’s determined by a jury, which has the freedom to award what they consider fair.
- Future Medical Expenses
To secure compensation for future medical expenses, it’s imperative to have a medical opinion from a doctor explicitly stating the necessity for future medical care, including the cost of such care. Without this medical opinion, it’s unlikely that the insurance company will compensate you for these future medical expenses.
- Loss Of Future Earning Capacity
A claim for the loss of future earning capacity requires expert opinions indicating that an individual will be unable to perform essential job functions in the future. While a person may manage their current job, perhaps with accommodations, the progression of an injury may render them incapable of performing the same work in the future.
Sometimes, the at-fault party’s insurance company may make an unsolicited offer in the litigation of trucking and auto wreck injury claims. Typically, we see the first offer from an insurance company after sending a demand letter. These offers often fall below policy limits and the actual value of the case.
Because of this, the best way of arriving at the decision of whether to settle or initiate a lawsuit (or settle after litigation begins) involves an honest discussion with your attorney. These matters are personal and they hinge on your unique circumstances – what’s best for one person may not be the same for another under similar circumstances. So, your attorney should walk you through the merits of your case, the likelihood of securing a higher value, the costs involved, the estimated duration until trial, judgment collection prospects, available insurance coverage, and other case-specific factors to help you make an informed decision.
For more information on Litigation Of Trucking and Auto Wreck Injury Claims, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (863) 204-5105 today.