This is one of the first questions clients typically ask when they sit down with a personal injury attorney, "How much is my injury claim worth?" If you have been injured in a slip and fall, car accident, or any other act of negligence, then you are probably wondering how much monetary compensation you will receive for your medical bills and damaged property. Not only do injuries affect you physically, but also emotionally, mentally and financially. Luckily, the law allows for injury victims to seek restitution from the individual or entity that was legally responsible for the incident.
If you fail to file your claim according to the statute of limitations, then you give up your right to seek monetary compensation. However, if you do file a claim against the defendant or their insurance, then there are several different types of compensation that are available to you. If you file a personal injury lawsuit, then the awarded amount of restitution must be negotiated and settled between both parties, their attorneys and their insurance companies. Every case is different and your injury reward will be based on the severity and duration of your injuries, so there is no cut and dry answer to this question. To better understand the compensation that involved in a personal injury lawsuit, here is a breakdown of all compensatory damages.
- Compensation for all medical treatment, rehabilitation and other hospitalization costs
- Compensation for all lost income- If you injury kept you from being able to earn a living, then you may be eligible to be reimbursed for lost wages. If your ability to work is affected long-term, then you could be compensated for future lost income as well.
- Compensation for damaged property- If your car, clothing or other personal items were damaged in the accident, then you be paid for the repairs or fully compensated if they are lost for good.
- Compensation for pain and suffering- If you are in serious pain and discomfort as a result of the accident, then you can be monetarily reimbursed for that.
- Compensation for emotional distress, pain and anguish- If you are emotionally, mentally or psychological impacted by your injury or the accident itself, then you could receive additional compensation.
- Compensation for loss of enjoyment- Has your injury caused you to lose out on the enjoyment of life, past hobbies, exercise or other types of recreational activities that you enjoyed prior to the accident, then that could lead to additional compensation.
- Compensation for loss of consortium- This type of restitution is awarded to the family members of the injured party when their relationship dynamic or sexual relationship is impacted by their injury.
In some states there are punitive damages as well which are used to punish the responsible party for being blatantly careless, negligent or reckless. Making them pay out of pocket can help people to learn their lesson so it does not happen again.
Contributory & Comparative Negligence
In a personal injury lawsuit, the judge will also look to see what your involvement was in causing the accident. If the plaintiff is partially at fault for the incident, then the amount of compensation could be reduced. In some states, you could be denied all restitution if you are found partially at fault. To find out what the compensation and damage laws are in Florida, speak with one of our Fort Myers personal injury attorneys today.
If you have any further questions regarding personal injury claims, check out our FAQ page for the answers you need.