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How is Injury Claim Amounts Determined?

by | Mar 29, 2020 | Firm News

Determining the monetary amount of an injury claim in Florida isn’t an easy task. Courts will look at multiple factors, including the amount of “fault” that can be attributed to each party. Assignment of fault will significantly impact any monetary compensation.

A variety of websites offer calculators designed to help people determine their potential financial award, but without knowledge of the law, they’re not much help. The legal process is highly complicated and the only true way to get an idea of what a monetary injury claim might yield is by consulting with a lawyer.

A multiplier method is typically used to ascertain monetary award amounts. Economic damages are multiplied by a number ranging from 1-5. The amount is commiserate with the severity of the injury and level of fault. Further complicating the award process are the types of damages that could be recovered, depending upon the circumstances. They include:

  • Non-economic damages such as inconvenience, loss of companionship of a wife, husband or companion, inconvenience, and pain and suffering
  • Economic damages can include lost earnings, out of pocket expenses, the cost of any medical treatment both current and future, the loss of future earnings, and property damage
  • Punitive damages is the punishment aspect

Florida has a highly complex range of elements that are taken into account when determining a monetary award. Those elements encompass predictable items such as marriage in the case of pain and suffering, but determinations can even vary according to the county where an accident and/or injury occurred.

There are also very specific deadlines for filing a claim, though in some circumstances the deadline might be shorter or be extended. Florida law also sets caps on damages that can be claimed. Those are just some of the reasons why consulting with a lawyer is always in an individual’s best interest if they’ve been injured.

Whether you need a Divorce, are dealing with Custody or Child Support issues, or need representation in a Personal Injury matter, the Law Offices of Theodore H. Enfield can confidently assist you. To learn more about how we can help you or to discuss the facts of your case with our attorneys, call to schedule your free consultation.