Talking with an attorney from insurance companies is the worst thing you can do if you have been in a car crash. Knowing what not to say, will be crucial to your lawsuit success. Insurance companies want to pay as little as possible in claims, not the most. So, after being the victim in a car accident, there are some things you should do immediately to ensure that you get a fair and comprehensive settlement, it is best to speak with an injury attorney as soon as possible.
You should be in the exact same situation as if the injury had not occurred if you file a personal injury lawsuit. A complete settlement will include all costs, expenses, and damages that you suffered as a result of the accident. These include:
Special damages are specific, quantifiable damage such as:
Usually, you will need receipts or other proof to show the amount of your special damages.
Because they aren't as concrete as other damages, general damages can be more difficult to calculate. These damages include:
In valuing your case, the final type of damages that should be considered is punitive or exemplary damages.
In order to be successful in a lawsuit, it is important to be prepared with what is required in Florida courts. Florida requires proof that damages are special or general to be shown . This would be 51% if it were a number. One could also say that the way you claim it happened more likely than the fact it actually did. Punitive damages, on the other hand must be proven to have a greater burden of proof. This standard is known as "clear, convincing" evidence. It would be closer to 75% as a number.
It is easy to calculate some damages. You can easily calculate your special and economic damages by providing receipts and W-2s that show wages and costs for equipment, therapy, transportation, and other expenses. These are items for which you can provide concrete evidence. General damages are not based upon specific out-of pocket costs. Our accident attorney at Beharry Law can help you with this calculation.
You should choose an attorney who has sufficient experience in car accidents to know the value according to the non-economic damages that you sustained. They will be able to tell you what the average pain and suffering is for cases similar to yours. Your attorneys will also be familiar with how punitive damages are assessed in car accident cases. They will be able to tell you if you might receive them in your case. These factors all contribute to the overall value of your case.