How are Damages Calculated in a Personal Injury Case in Tampa?
Calculating the damages for a personal injury case can be complex in Tampa in some situations. Not all accidents are the same of course, so determining the damages depends on several factors. The type of accident must be taken under consideration along with the liability of the at-fault party.
Comparative Negligence
One of the considerations in calculating damages for personal injury is the concept of comparative negligence. Florida is a no-fault state, so if you are involved in a car accident your personal injury protection will cover your medical expenses. This is the law, regardless of fault. When the injuries are severe enough, you may be able to sue for damages.
If the accident is proven to be partially your fault, that percentage will be subtracted from any compensation you may be due. For example, if you are found to be ten percent at fault, you will receive 90% of your settlement instead of 100%.
Damages Pertinent to Personal Injury Cases
There are non-economic damages like pain and suffering or mentalanguish that are taken under consideration. Included in this group are emotional distress, loss of a spouse or companionship, and loss of enjoyment of life. It is difficult to put a price on these losses, yet they are significant.
Economic damages are more forthright. These include the tangibles like medical expenses, both present and future. Current and future lost wages are considered as well as property damage.
In some instances, punitive damages are also added in. This category has to do with punishing the at-fault party. For example, a manufacturing company that knew a part was defective and chose to use it anyway, may be subject to punitive damages.
Settlement Calculators for Tampa
There are calculators available thatadvertise the ability to predict the possible amount of settlements; however, these formulas have their disadvantages. There is so much under consideration when calculating damages, an impersonal online calculator is woefully insufficient.
Factors such as where the accident took place, your degree of fault, whether or not you are married, both predictable and unpredictable factors, all have a bearing on the final outcome. Plugging numbers into a formula will most likely not give you a realistic idea of a settlement figure.
If you have a personal injury case, contact the Tison Law Group located in Tampa, FL. Schedule a complimentary consultation. Our attorneys are known for their honesty and integrity. With years of experience behind them, they will fight for your right to compensation for losses.