The question “What is the value of Florida auto accident cases?” is often asked by clients and prospects, but it is something we can only determine at the end of a case, once all the evidence has been gathered and the client has completed their medical treatment. In light of this, it is impossible to determine the value of a claim before all of the evidence has been obtained and appraised, and until the injured person has recovered from the accident.
The Florida Highway Safety and Motor Vehicles (FLHSMV) reported that 401,851 traffic accidents were reported in 2018 alone, of which 3,150 resulted in fatalities. That year, many people died in Florida.
Step 1: What Damages Does the Injured Person Have?
A personal injury case begins by determining what harm if any, the injured party has experienced. Several elements of harm can apply to self-harm, such as:
- Expenses related to medical care (past and future)
- Potential loss of income (past and future)
- The past, present, and future pain, suffering, and disability
- The loss of consortium (past as well as future)
- Expenses other than those mentioned above (past and future)
Step 2: What Is the Possibility of Proving Liability?
As a second step in determining the merit of a case, the next step is to figure out how likely it is that the defendant will be held guilty. In traffic accident cases, this usually involves proving that the defendant was negligent and that this negligence directly contributed to the accident. In some examples, the fault is obvious, such as in delays. However, other times, the fault is less obvious, such as when two cars enter the same lane simultaneously or when different witnesses have given contradicting testimony.
A lawyer must determine the value of a claim by determining whether the plaintiff can prove negligence and then subtracting the plaintiff’s total damages from the chance of losing the case in court. In dismissal cases, the risk of loss or liability would normally stop the value of the Florida auto accident cases from being discounted.
Step 3: How Likely Is the Plaintiff to Be Found Relatively Negligent?
When both parties are responsible for causing the accident, the defendant can only be held responsible for their proportionate share of damages. This is very similar to stage two but slightly different from stage four. Depending on how fast you were accelerating, the jury may find that the defendant’s negligence accounted for 75% of the accident and your negligence accounted for 25%. Due to this division of fault, the jury may not hold the defendant entirely liable for the incident.
Step 4: What Is the Possibility of Proving That the Individual’s Injuries Were Caused by The Accident?
A plaintiff has to prove that actual loss has occurred and monetary damages are caused by the accident in order to recover compensation. Sometimes the causal link can be proved, but sometimes it can be relatively vague. A person who is immediately evacuated from the scene of an accident to the hospital and has new bone fractures is almost certain that they were caused by the accident. However, circumstances such as the following may make it more difficult to prove the cause of the fractures:
- There is no conclusive evidence from objective physicians (e.g. plaintiff had a normal MRI, but continues to exhibit symptoms)
- The damage is not as expected, based on the facts
- Before this lawsuit, the plaintiff previously suffered from a similar medical condition
- Around the same time as the accident, another event may also have contributed to the condition
Whenever a jury may find that an incident caused the plaintiff’s injury, the fund value must be adjusted to compensate for this takeover.
Step 5: Are There Other Considerations That Affect the Value of Florida Auto Accident Cases?
- Exorbitant costs for pursuing the complaint (for example, complicated medical conditions requiring expert testimony or travel costs for out-of-state witnesses)
- Evidence that disfavors the plaintiff (for example, if there is evidence that suggests dishonesty), the value of the case should be mitigated
- The nature of the defendant (If the jury sees the defendant as a good, likable individual, they are less likely to award significant damages)
Although not detailed, the aforementioned list will hopefully give you a better insight into what goes into determining a claim’s liquidation value.
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Contact us now for any Florida auto accident cases. Our experienced lawyers will help you go through the whole process without any consultation fees.
