These are the number one questions asked by clients when they first sign up with my law firm!
“HOW MUCH IS MY PERSONAL INJURY CLAIM WORTH?”
“HOW LONG WILL THIS TAKE?”
LET’S START WITH THE FIRST QUESTION: “HOW MUCH IS MY PERSONAL INJURY CLAIM WORTH?”
To begin with there is no exact cookie cutter formula to evaluate how much a personal injury claim is worth. Every victim’s situation and case is different. There are a myriad number of factors that go into account to evaluate the value of a personal injury case. To give you a basic analysis on how lawyers value a personal injury case it all boils down to about 4 factors.
-You must be able to prove fault. For example in a negligence claim you must prove 1. The person who hit you had a duty to not hit you and operate their vehicle with reasonable care. That person breached their duty. Because of that breach of duty that person caused your injuries. And because of that person’s action you have experienced damages.
-Keep in mind Florida is a “pure comparative negligence state”, every person involved in the accident is liable for their percentage of fault. For example, if a jury finds the defendant was 100% at fault, then you will be compensated for 100% of your damages.
-All in all, liability must be established in order to recover from an at fault party.
-The amount your personal injury claim is worth depends on your damages. If you were involved in an automobile accident, yet did not sustain a serious injury, then your claim may not be worth much money. However if you sustained serious injuries such as a disc herniation, or brain damage then that will be a completely different story. What do your MRIs reveal ? What are your specialist doctors saying, How much are your medical bills? The more seriously injured you are , the higher value your claim will be.
– Another factor to look at are prior injuries. Prior injuries can make or break a case and also go to the issue of causation, not only damages.
- AVAILABLE POLICY LIMITS AND ASSETS.
You cannot recover if there is not a pot of money to go after !!! Often times people get hit and sustain severe injuries, yet come to discover the defendant who hit them only has a bodily injury insurance coverage of $10,000/$20,000 ( meaning bodily injury coverage of $10,000 per person and up to $20,000 per accident). Or ever worse a plaintiff may get hit by a person with no insurance, also known as an uninsured motorist driver.
The value of your case is determined by how much money is available on the defendant’s insurance coverage. A defendant may have 1,000,000 worth of coverage or ZERO dollars worth of coverage it all depends.
The best way to protect yourself if you get hit by someone with too little insurance or no insurance is to add Uninsured/Underinsured Motorist Coverage to your OWN insurance policy. That way if someone hits you without insurance, then you are still protected by your OWN insurance carrier.
Lastly, you may be able to go after a tortfeasor personally by going after their assets. Keep in mind in order to do this a person must have assets you can go after and find….
“HOW LONG WILL THIS TAKE?”
I receive this question all the time from personal injury victims. The answer… unfortunately there is not set amount of time anyone could tell you your claim will take.
At the Bijoux Law Firm, we understand the intricate hardships that go into a personal injury claim. The lost wages, the pain and suffering, the time consuming treatment process, the mental anguish. Which is why we work as quickly and as diligently as possible to get our client paid and on the the road to recovery. Personal Injury claims can take anywhere from months and years to resolve. If litigation is involved it could take longer. Every case is different and has its unique set of circumstances and challenges.
For more information and help with your personal injury matter contact The Bijoux Law Firm.
CALL TOLL FREE: 844-9-HANDLE (844-942-6353)
Bijoux Law Firm
110 SE 6th Street Suite 1700
Fort Lauderdale, FL 33301
Office Phone: (954) 363-0320 Ext. 9033