Personal injuries from car accidents, slip and fall incidents, and other types of accidents can have long-lasting effects on the victim’s life, health, and financial stability. If you’ve been a victim of an accident, then you know how challenging it can be to deal with the aftermath, from medical bills to lost income and general pain and suffering. The good news is that if your injury is caused by another party’s negligence, then you may be entitled to personal injury compensation. However, determining the compensation amount can be complex. This post aims to provide you with a comprehensive guide on how compensation is calculated in Florida personal injury cases.

1. The Nature of Personal Injury Compensation

Personal injury compensation is a legal term that represents the amount that injured parties receive from the at-fault party for damages they incurred. The compensation includes economic and non-economic damages. Economic damages are monetary in nature and include medical bills, lost wages, and other expenses incurred due to the injury. Non-economic damages refer to losses that cannot be quantified, such as pain and suffering, emotional distress, and loss of enjoyment of life. A personal injury lawyer can help you understand your damages and calculate the compensation amount you deserve.

2. The Type of Injury 

The type of injury you’ve suffered is a determining factor in your personal injury compensation. The severity of the injury plays a significant role in the compensation amount. For example, if you suffered a catastrophic injury that resulted in permanent damage to your body, you may be entitled to a higher compensation amount than someone who had a minor injury that didn’t require extensive medical treatment.

3. Evidence of Negligence 

To seek compensation, you must prove that the other party’s negligence caused the injury. Negligence is defined as acting in a manner that a reasonably prudent person would not have under the same circumstances. Your personal injury lawyer will gather evidence that shows that the other party had a duty of care towards you, that they breached this duty, and that breach caused your injury. Your lawyer may use witness testimonies, medical records, and other relevant evidence to build your case

4. Comparative Fault 

Florida operates under a comparative fault rule. This means that if the injured party is partially at fault for the accident, the compensation will be reduced by the percentage of fault. The degree of fault determines whether the plaintiff will still receive compensation. For instance, if the plaintiff is responsible for 60% of the fault, they are still entitled to 40% of the compensation under the law. Your personal injury lawyer will be responsible for proving that the fault lies entirely with the at-fault party.

5. Insurance Coverage

The at-fault party’s insurance policy is the primary source of compensation in Florida personal injury cases. In most cases, the at-fault party’s insurance policy will dictate the maximum compensation available to the injured party. If the policy limit is exceeded, the injured party may seek additional compensation by filing a lawsuit against the at-fault party.

Personal injury compensation cases are complex. The amount of compensation you receive will depend on several factors such as the severity of your injury, evidence of negligence, and insurance coverage. If you’ve been injured, it’s important to speak with a competent personal injury lawyer who will guide you through the process of seeking compensation. Contact a personal injury lawyer today for a free, no-obligation consultation to determine the compensation amount you are entitled to receive. Remember, time is of the essence, deadlines for filing personal injury cases in Florida can vary, and it’s best to take action as soon as possible.