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Calculating Damages in a Florida Personal Injury Case


The public generally has several misconceptions about how to calculate damages in a personal injury lawsuit. Some attorneys have algorithms on their website that you can feed in numbers to and this will produce a number that is similar to your damages award. Such algorithms are deceptive and will not represent your total amount of damages in a personal injury suit. They basically multiply your medical expenses by three.

The truth is that there is no way beforehand to determine what your case is worth. Only litigation can do that. In many cases, it is worth more than you think it is or more than an insurance company is willing to pay. In this article, Tampa personal injury lawyers at Florin Gray will discuss damages in a personal injury lawsuit.

What sorts of damages can I recover in a personal injury lawsuit? 

The question of damages in a personal injury lawsuit is determined by several factors. The most important factor, however, is your injuries and medical expenses related to your injuries. The more severe your injuries are, the more your case is worth. For example, someone who ends up a quadriplegic would be entitled to more damages than someone who injured their arm and is expected to make a full recovery.

Further, individuals who miss time from work due to their injury are entitled to recover damages related to their lost pay. If they cannot return to work because of their injury, they will be compensated for future losses related to the incident.

You are also entitled to recover non-economic damages related to your pain and suffering. In these cases, a determination is made on your quality of life both before and after the incident. If, for example, you are an avid bowler who has sustained a wrist injury, your injury will prevent you from doing something that you enjoy. That will be compensated as part of your personal injury lawsuit.

In rare cases, you may be able to recover punitive damages from the other individual if you can prove gross negligence or willful misconduct. Punitive damages are awarded in some cases to punish the defendant for wrongdoing that led to another individual’s injury. As an example, reckless driving is an example of a type of allegation that could lead to punitive damages. It goes beyond simple negligence. In these cases, the plaintiff must allege that the defendant showed a careless disregard for the rights and safety of others when operating their vehicle.

Finally, damages are reduced by your share of the blame for an accident. In Florida, you cannot file a personal injury lawsuit if you are deemed to be more than 50% responsible for your injuries. If you are 50% responsible for your injuries, you can recover 50% of your total damages from the trial.

Talk to a Tampa, FL Personal Injury Lawyer Today 

The Tampa personal injury attorneys at Florin Gray represent the interests of injured parties in personal injury lawsuits. Call our office today to schedule a free consultation and we can begin discussing your path to recovery right away.

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