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Determining the Value of Your
Case
The value of your case depends on a variety of factors,
including the severity of your injury, the strength of the evidence that
the defendant was at fault, and the defendant’s ability to pay.
The last factor cannot be ignored, because no matter how strong a plaintiff’s
case may be, it is valueless if a defendant does not have the funds (either
individually or through insurance) to pay a monetary judgment.
Computing Damages
In personal injury actions, Florida law allows a
successful plaintiff to be compensated for a variety of damages, including
the following:
- Physical pain and suffering
- Mental suffering and anguish
- Loss of earnings and impairment of earning capacity
in the future
- Costs of medical treatment, hospital care, nursing
services and related expenses
- Loss of enjoyment of life due to the injury
- Cost of household services made necessary by injury
(or loss of household services to the spouse of an injured person)
In evaluating the severity of the injury, insurance companies
and defense attorneys will often look not only to the nature of the injury
but also to the medical expenses incurred as a result of the injury. The
severity and permanence of the resulting disability or disfigurement is
either self-evident (e.g., a lost limb) or is established through medical
records and testimony.
Determining Fault
Even a severely and permanently injured person is
not entitled to compensation unless he or she can prove by a preponderance
of the evidence that the defendant was at fault. The relative strength
or weakness of the plaintiff’s case with regard to liability thus
plays a substantial role in determining the amount of compensation. A
very strong case on liability may result in a determination of compensation
that is at or near 100% of the plaintiff’s evaluation of his or
her damages. Conversely, a weak case on liability may result in no compensation
(if the case is lost on the liability issue at trial) or a recovery that
is substantially discounted to reflect the weaknesses in the case.
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