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Factors Affecting Personal Injury Settlements in Florida

On Behalf of | Feb 19, 2016 | Personal Injury Law |

Settlements for cases related to personal injuries can often become complicated. In Florida, there is no set formula to figure out how much a party is entitled to receive for his or her damages. The settlement process is often lengthy and it may seem that there is no end in sight; however, there is a light at the end of the tunnel and a settlement may be a viable option on your personal injury claim.

While going through the settlement process, it is important to keep in mind that no settlement is cut and dry. In fact, there are many factors that intertwine to affect the settlement amount you walk away with at the end of the day.

The following factors apply to all personal injuries that occur in Florida, including injuries sustained in car accidents, slip and fall accidents, defective product cases, and other negligence cases. The following factors can affect the settlement you receive.

  • Type of Injury. The type of injury you sustain directly affects your settlement. The more serious the injury, the higher your settlement is likely to be. This is because of the extent these injuries affect your quality of life.
  • Whether Your Injury Requires Surgery. If there is a need for surgery after you have been injured, your claim may be worth more money. Of course, this depends on who is liable and whether the injury is directly linked to your accident.
  • Whether You Have a Pre-Existing Injury. If you have a pre-existing injury, your settlement offer may be less than you expect because an argument can be made that the subsequent issues you are experiencing are related to your pre-existing condition and not to the injury you sustained.
  • Whether You Sustained a Permanent Injury. Sustaining a permanent injury is a serious matter that will affect the quality of your life. Proving that you sustained a permanent injury may mean that you are entitled to money for pain and suffering as well.
  • If the Accident or Injury Was Well Documented, A picture is worth a thousand words and can also be worth a lot of money as well. Having photos and documentation regarding the accident, damages, injury, and subsequent medical treatment can help boost your settlement amount.
  • The Other Party’s Actions. If the party who caused your accident was negligent and caused your injury, then you are entitled to recover damages. If he or she was not been negligent, then no recovery allowed.
  • Whether You Sought Immediate Medical Attention. Waiting to be treated for your injuries may result in a lesser settlement because the other side can argue that your delay in seeking treatment caused further damage, for which they are not responsible. On the flip side, the defendant could also argue that you did not seek medical treatment because your injuries were not serious.

Contact An Experienced Personal Injury Lawyer

If you have been injured in an accident, it is important that you contact an experienced personal injury lawyer at Piccin & Glynn at 352-558-8480 for help settling your case. John Piccin can discuss your options and help you recover compensation for your injuries.