Florida Personal Injury Lawyers Blog
A car accident victim may have to deal with a variety of physical and financial hardships. As a result, victims may be eligible to collect a wide range of damages. These damages are typically classified into two types: economic damages (also known as special damages) and non-economic damages (which are sometimes referred to as general damages). Non-economic damages are related to more subjective types of harm, whereas economic damages take into consideration objective money losses. Economic damages include things like medical bills, prescription costs, and lost income, whereas non-economic damages include nontangible things like pain and suffering, emotional harm, and mental anguish.
Finding out how much your claim is worth will help you determine whether an insurer’s settlement offer is reasonable. Unfortunately, there is no simple formula for calculating damages, and damages vary depending on a variety of conditions. Some insurance companies base their overall payout on the economic losses incurred by the victim, then double that amount by two or three to account for non-economic damages like as pain and suffering. This strategy, however, is arbitrary, and you should not expect an insurer to make decisions based on this method. Our Florida Car Accident Injury Lawyers at Whittel & Melton can provide you with a rough estimate of what we believe your case is worth based on our previous experience with other clients in similar situations. No two cases are exactly alike, which is why we utilize experts to help place a dollar amount on the full scope of your injuries so that you are taken care of now as well as in the future.
How Are Medical Expenses Calculated?
This may appear like a simple form of damage to calculate. However, disagreements may occasionally emerge regarding the necessity for certain medical procedures. An insurance company is only required to pay for necessary and reasonable treatments for an injury victim. If the victim has a pre-existing condition that worsened because of the car accident, this may also lead to a disagreement because it can be difficult to distinguish between treatment necessary because of the accident and treatment that would be needed regardless. One of the reasons we tell our clients to get checked out by a doctor immediately after a crash is because the insurance company may be doubtful of a claim where the victim did not seek medical treatment immediately after the accident but instead reported the symptoms later.
Procedures and treatments that have a plausible diagnostic or therapeutic goal are considered medically necessary. Just because someone may choose to opt out of certain procedures or therapies does not mean that they are not necessary.
Medical expenses may include prescription drugs and devices, mileage to and from doctor’s appointments, therapy appointments, and other fees linked to the injury. This category of damages can also cover the future costs of medical treatment, if they can be predicted, which is where life care planners and other experts come into play.
What About Lost Wages and Inability to Generate an Income?
After a serious car accident, you may be unable to work for a long period of time. Even if you can return to work, you may not be able to perform all aspects of your job anymore. For example, if one of your job duties includes lifting heavy objects, but you have a back injury, you may not be able to do that anymore. If you cannot work, then you cannot make money, which can be stressful. However, you can be reimbursed for lost wages during the time needed to recuperate from a car accident injury. You will need to keep clear and accurate records of your lost income, usually through former paychecks, invoices, or other documents that can support your predicted missed earnings.
Certain car accident injuries can take you out of the work force permanently. This is called lost earning capacity and it can be more complex to prove. If you can return to work, but cannot do your former job, and must take a position that makes less money, then you can also recover damages under lost earning capacity. You will need to submit paychecks from your former job and current job to show the salary reduction. Sometimes an expert is required to explain the full extent of the impact of your injuries on your career.
What About Pain and Suffering?
Pain is hard to quantify and everyone feels pain a bit differently. Mental and emotion distress works the same way. It is usually assumed by the insurance companies involved that a serious injury requiring extensive medical care usually results in significant pain and suffering. Widely known injuries, like burns and broken bones, are known to be painful. But, soft tissue injuries, or injuries that are less visible, can vary from person to person when it comes to pain. If medical treatments are not substantial, the insurers involved may not place a high value on pain and suffering.
Medical records from your doctor can help support your claims for pain and suffering, as they should be documenting any pain or discomfort that you are having. The same can be said for any prescription pain killers – so records of your prescriptions can back these claims up. Any time missed from work can also reflect on pain and suffering, so make sure you keep a detailed log of your day-to-day activities and how you are feeling after a car accident. This can come in handy for placing a dollar amount on non-economic damages, like pain and suffering.
Contact Whittel & Melton for a Free Consultation
After a car accident, there are important steps that you must take to safeguard your interests. Our Florida Car Accident Attorneys at Whittel & Melton can help you understand you rights and guide you through what you need to do to recover maximum compensation for your injuries. Call us today at 866-608-5529 or contact us online to learn more about how we can help you.