How To Put a Value On Your Injury
In order to file a personal injury claim against any individual or entity, you must first determine how much money you seek to gain for your damages. Many individuals struggle with this aspect of filing their claim, as they do not want to ask for too much in the event that the jury will laugh them off; however, they do not want to seek too little, for they still need to cover all medical expenses, lost wages, vehicular repairs, pain and suffering, and other financial losses. At The Pendas Law Firm, our Jacksonville personal injury lawyers can assist you in coming up with an appropriate amount to file for, and present your case in such a way that it increases your likelihood of winning.
Factors to Consider When Determining Desired Damages
There are two factors to consider when determining how much money you hope to gain from your personal injury claim. They are:
- Your chances of winning the trial. Before settling on an amount, be honest with yourself about your chances of winning a trial for the injuries sustained. In order to realistically evaluate your odds, consider all of the evidence for and against you, your credibility, the credibility of all witnesses, and the outcome of cases similar to yours in the Jacksonville area over the years.
- What a jury might realistically award as damages for your particular injury claim. When a personal injury occurs, there are two types of damages that may be awarded in a Jacksonville personal injury suit. They are:
- Special damages, which are damages capable of exact calculation. Special damages include lost earnings, medical bills, and other financial losses.
- General damages, which are damages not capable of exact calculation. These include pain and suffering and emotional distress.
For a more detailed account of the types of damages typically awarded in a Florida personal injury lawsuit, review Florida Standard Jury Instruction for Civil Cases 501.2.
When filing your claim, you should have a clear idea of the type of damages you hope to claim, as well as an understanding of the types of awards that juries in your jurisdiction have been making in recent years. For example, if you live in a jurisdiction in which the courts are very conservative, you may want to temper your expectations and file for only what is absolutely necessary to your physical recovery. However, if you live in a notoriously lenient jurisdiction, you may want to raise your settlement figures to cover physical injuries, lost wages, and pain and suffering.
Do the Math
Once you have determined your odds of winning a trial and decided on the type of damages you are going to file for, put the two together. Rule of thumb states that if you think that you have a 50 percent chance of winning a trial, and you want to file for $75,000 worth of damages, settle instead for going to court for $37,500. However, keep in mind that every case is different, and this calculation can only provide a rough estimate of what to expect from your own case.
Let a Jacksonville Personal Injury Lawyer Negotiate a Settlement for Your
At The Pendas Law Firm, our Jacksonville personal injury lawyers are skilled at negotiating fair and sizeable settlements for our clients. If you have been involved in an accident, and if you sustained considerable injuries as a result, you may have a tough time reaching a desirable settlement. Our lawyers can help you determine your chances of winning a trial, as well as help you research cases similar to your own so you can get a feel for the type of jury you will be up against. Furthermore, we can help you compile all of the necessary evidence and documentation, that way, when it does come time to stand trial, you are armed and prepared to win.
Let us fight for your rights today – contact our Jacksonville personal injury law firm at 1-888-LPENDAS or online to schedule your private consultation. We also serve clients in the Orlando, Fort Myers, Miami, West Palm Beach, Fort Lauderdale & Tampa areas.