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Factors That Can Affect Compensation In A Personal Injury Case


Mental anguish, physical harm, loss of wages, medical expenses, and various other elements help to determine a suitable payment amount for damages sustained from car crashes, dog bites, and multiple other personal injury cases. Not everyone is entitled to the compensation, but for those who are it can offset some of the recovery costs. Have you or a loved one sustained a single or multiple injuries due to the actions of another person? If you answered yes, live in Sarasota, Bradenton, or another surrounding area, and believe that legal proceedings are in your best interest, feel free to contact our office to schedule a free case review. Allow our lawyers to show you why so many Florida residents have trusted us to represent them over the years.

Important Things That Affect Compensation

The possible items that have an impact on a case’s result are endless, but a few of them tend to stand out among the rest. Emotions and adrenaline are at an all time high during and after a car crash, but it is important to keep your tongue on a leash and avoid saying something that might impact your claim. Witnesses that hear claims or promises of responsibility may lead to an undesirable result. Even though you may have said the statement due to the excitement of the moment, the misinterpretation could result in your claim becoming dismissed. In turn, it can even shift the blame, which can leave the other party’s representation seeking damages from you.

The police report, as well as any charges filed, are also factors that affect compensation in personal injury cases. For instance, being cited for a DUI or DWI, speeding, or reckless endangerment could be grounds for the judge to dismiss the case. Therefore, compensation will undoubtedly be directly affected because there will be none awarded to you. Our team has over 100 years of combined Florida legal experience, and upon receiving your initial consultation, a determination can become made over if legal action is the appropriate solution for you.

The manner in which medical attention became sought after the accident also plays a role in finding the proper monetary amount. Seeking medical attention sooner, rather than later, shows that pain and discomfort were apparent immediately after the crash happened. Pre and post-accident scans are beneficial to prove that conditions are not pre-existing, or if they are present, that the accident caused them to worsen. Even if you believe that your body and mind are 100-percent healthy, symptoms might appear several days later, and catching them earlier can result in a speedier recovery, so get yourself checked for the peace of mind if nothing else.

The saying goes that a picture is worth a thousand words, so if your smart phone is still in working order, snap some pics of useful evidence that might be beneficial to the case while you are on the scene. For example, if road construction, or debris in a lane of traffic played a role in the other driver’s negligence, it only takes a few seconds to capture the image, and then, your lawyer can tell you if it is a beneficial piece of evidence or not. It is better to have the photo and not need it than it is not to have the picture and need it.

Stephen M. Fernandez developed a strong belief in justice and fairness in public policy while earning his Political Science degree prior to attending law school. Since joining the Florida Bar Association in 2004, Stephen Fernandez has combined his background in public policy, business administration and civil law to serve as a highly effective trial lawyer fighting for Florida's injured, working hard every day to make sure his clients get what they are owed.

Factors That Can Affect Compensation In A Personal Injury Case

Goldman Babboni Fernandez
Murphy & Walsh




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