What’s My Car Accident Case Worth?
Depending on the circumstances, the actions that were taken, and the severity of the injuries, damages available to car accident victims may vary. The Miami car accident attorneys at the Law Offices of Robert Dixon help victims evaluate the worth of their claims and determine which parties may be liable for their injuries. Our firm serves people throughout South Florida, including in Fort Lauderdale, Miami, West Palm Beach, and other areas of Broward, Miami-Dade, and Palm Beach Counties. We are here to advise you if you are wondering “what’s my car accident case worth?”Factors Involved in Determining a Car Accident Case’s Value
There are many different considerations that may need to be taken into account when determining the value of a car accident case. First and foremost is the degree of liability on the part of each individual or entity involved. Florida is a pure comparative fault state, so that means that the amount of damages, both economic and noneconomic, is based on the percentage of liability attributed to each party. For instance, if an injured plaintiff is found 45 percent at fault for their own injuries, they may recover 55 percent of their damages from a liable defendant or defendants.
The amount of damages incurred by an injured victim is also an important factor in answering the question of “what’s my car accident case worth?” These damages may include the costs of medical care, any property damage, or a change in what a plaintiff is able to earn due to the injuries sustained. Noneconomic damages, such as pain and suffering, may also be considered when permanent or debilitating injuries occur. A victim’s age may also affect the amount of damages, since a younger victim suffering a catastrophic injury has a longer lifespan to consider in which to adjust to their condition.
Additionally, another party’s ability to cover the costs of a damages award should be taken into consideration. For instance, an at-fault driver who is uninsured or underinsured may not have the capital to pay a large damages award. However, if a driver is acting at the behest of their employer at the time of a collision, that employer may be vicariously liable for a victim’s injuries and better equipped to provide a larger compensation amount.Establishing the Foundation for a Civil Claim
Before damages are considered, a plaintiff must show that another party was negligent in causing their injuries. Establishing liability for a car accident may involve a careful investigation into many different parties’ roles in the collision. Many times, the negligence of one or more drivers is the cause of an accident. To show negligence, the plaintiff must prove that they were owed a legal duty of reasonable care, that duty was breached by a defendant’s acts, that breach was a proximate cause of the plaintiff’s injuries, and the plaintiff suffered damages.
Since each driver owes one another, as well as pedestrians, bicyclists, and all users of the road, a duty to exercise reasonable care, a driver who falls below that standard may be held liable for any injuries that result. For instance, a speeding motorist who rear-ends another, stopped vehicle, causing injuries, may be considered negligent. Making sure that you consult a knowledgeable attorney following a car accident who can help evaluate the situation and gather important evidence is critical to preserving your legal rights.Hire a Miami Attorney After a Car Accident
If you or a loved one would like to find out more about your potential legal claims stemming from a car accident, the motor vehicle collisions at the Law Offices of Robert Dixon are available to evaluate your case. Call 877.499.4878 or contact us online to schedule a free, no-obligation consultation and find out more information about the services provided by our Miami lawyers. We are ready to provide some initial answers to questions like “what’s my car accident case worth?”