If you browse our website, you will see a public listing of some of the settlements our team has secured on behalf of our clients. Every personal injury case is different, and the compensation awarded can vary significantly. But what is the cause of this variance, and how much might your case be worth? Today, we describe some of the key components of injuries and their impacts to see how they affect the settlement amount you can expect in your Florida personal injury lawsuit.
Factors Influencing Settlement Amount
Nature and Severity of Injuries: The cornerstone of any personal injury case and settlement valuation lies in the nature and severity of the injuries incurred. Injuries and their impacts are not only measured by immediate pain or discomfort; compensation has to look at the long-term repercussions on one’s life and livelihood.
For instance, while painful and disruptive, temporary injuries have a finite impact. Settlements in these cases are often designed to cover medical bills, lost wages during the recovery period, and compensation for the pain endured. However, when injuries cross the threshold into permanence, the settlement landscape and potential ballpark figure for compensation shift dramatically. Permanent injuries – those that irrevocably alter one’s ability to perform daily activities, engage in work, or enjoy life as before – necessitate a settlement encompassing ongoing care, potential surgeries, daily living adaptations, and lost future earnings.
In addition, injuries that result in visible scars, disfigurement, or the loss of a limb often result in higher settlement values due to their profound impact on the victim’s psychological well-being and quality of life. These injuries cannot ‘heal’ in the traditional sense and are a permanent reminder of an accident that affected someone’s life.
Impact on Quality of Life
The ripple effect of a severe injury touches every corner of one’s existence, and this diminished quality of life, while intangible, is a critical consideration in settlement discussions.
Adapting to life post-injury often involves a silent, internal battle. Victims may face emotional and psychological challenges, including depression, anxiety, and post-traumatic stress disorder. The loss of enjoyment of life – a legal term that refers to the deprivation of life’s pleasures due to injuries – forces settlements to adjust their compensation levels.
Medical Costs and Future Care
Many victims face a future dotted with rehabilitative therapy sessions, necessary surgeries, and, in some cases, lifelong care or medical assistance. Particularly in severe injury cases, the requirement for specialized medical equipment or modifications to one’s home to accommodate disabilities comes into play. Settlements must anticipate these costs, preventing the victim from being burdened by medical expenses that result from someone else’s negligence.
Lost Wages and Earning Capacity
Injuries that lead to significant time away from work, or worse, diminish one’s ability to earn a living in the future, are an important consideration in personal injury settlements. Calculating lost wages is relatively straightforward, relating to the immediate income lost due to the injury. However, projecting the loss of future earning capacity requires expert analysis and foresight.
While it may seem strange that a settlement at age 20 could still be relevant to that same person 50 years down the line, you have to understand that every day in America, someone is likely being injured in a way that prevents them from working for the rest of their life. Thinking short-term and only focusing on current lost wages would leave victims in a terrible financial position.
If you were injured in Florida and are suffering due to someone else’s negligence, accepting an initial settlement offer without proper legal representation might result in under-compensation that negatively affects your future. Contact Probinsky & Cole today to speak to a team member and learn how we can help fight for a fair settlement.
