Attorney David I. Fuchs
Aug. 27, 2018
Whether an auto crash, a slip, and fall, or a workplace injury, accidents are unpleasant and unfortunate events. Not only does an injury place a financial strain on a family due to lost earning potential, but navigating the world of personal injury law can prove to be a major challenge. Many people may dismiss charges altogether, believing that the financial compensation is not enough to make up for the difficulty and expenses of an injury. If you or a loved one suffered an injury, the Fort Lauderdale personal injury attorneys at David I. Fuchs, Injury & Accident Lawyer, P.A. offers a free consultation to assess the value of your Fort Lauderdale personal injury case and discuss further steps.
The value of a personal injury case stems from damages, the monetary value of a case based on criteria such as:
Every case is different, and the real value of your personal case depends entirely on the circumstances. Lost wages, for example, will vary depending on how severe the injury. Not all personal injury cases involve wrongful death either.
Future earning potential is the value that a court decides a person could have made, were they not injured in an accident. This represents the value he or she loses by becoming unable to perform his or her old work. These damages only apply in cases of permanent disability.
Pain and suffering is a subjective estimate. It is hard to put a firm value on these damages for every case. The value used for this factor is a determination made by the jury based on their own experiences and how long the plaintiff suffers.
Personal injury cases must prove that the defendant was negligent in causing the accident. Negligence and liability are similar terms that mean responsibility for an accident or injury. A party must prove negligence in order to have a case.
One party is negligent if they could and should have been able to prevent an accident, but did not do so. In car accidents, a driver might also be negligent if they disobey traffic laws in a way that endangers another motorist.
Some accidents have shared liability. This refers to when both parties are, at least partially, responsible for an accident. The value of a settlement reduces in the event of partial responsibility.
In cases of extreme negligence, the value of a case might actually increase to compensate for the reckless behavior of the defendant. An example of this is in car accidents involving a DUI. Plaintiffs may be eligible for punitive damage charges against the drunk driver, in order to deter and punish offenders. Punitive charges normally only occur in cases with criminal activity.
Keep in mind that a personal injury case is only valid if filed within the appropriate period. For Florida, the statute of limitations on personal injury is four years from the date of the original incident. Car crashes follow the same schedule, with an extra year in cases of uninsured motorists. Medical malpractice and wrongful death cases have a statute of limitations of two years.
If you or a loved one suffered an injury or an accident, contact David I. Fuchs, Injury & Accident Lawyer, P.A.. Your personal injury deserves financial compensation, and our experience in the field allows us to assist you with expert legal counsel. We can advise you in cases of personal injuries, such as slip and fall, and auto accidents. Our team can assist you in determining the true value of your case, and we will not settle for anything less than fair compensation.