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How Your Personal Injury Settlement Is Determined

After you’ve been in a slip and fall accident or car accident and you’ve been stabilized by medical professionals, your next thought likely has to do with your settlement. After all, without a settlement, you’ll be paying for your medical costs, lost work wages, and other associated expenses out of pocket. Calculating personal injury settlements is a complicated process, and one that is best taken on with the assistance of a skilled and experienced Southwest Florida personal injury attorney.

In the beginning, every claim starts with tallying up the injured person’s expenses or the victim’s damages. These are the tangible losses that stem from an injury, and they will often include:

• Costs of current, past, and ongoing medical treatment – These include medical treatments or procedures you’ve had in the past, any therapies or treatments you’re undergoing in the present, and the treatments you may require in the future to ensure a complete recovery.

• Repair of damaged property – If you were in a car accident, this will include the costs of repairing or replacing your vehicle. If you were in a slip and fall accident and the fall breaks your phone, this may include the cost of repairing or replacing the device.

• Lost wages – Lost wages, bonuses, or vacation days taken for accident-related purposes will be factored in as lost wages to your settlement amount.

• Replacement services – If you’re required to seek childcare or housekeeping services due to your continued recovery, those costs will be factored into your victim’s damages.

• Final expenses – If an accident unfortunately results in the passing of a loved one, their final expenses will be factored into their damages and settlement amount.

A combination of special and general damages makes up your settlement. Special damages are hard costs that can be easily measured or counted. Examples of special damages would be medical costs, lost wages, or repair of damaged property. Typically, these are backed up by receipts, pay stubs, or paper copies of bills. General damages refer to issues that can’t be measured quite like special damages. An example of general damages would be mental anguish or pain and suffering.

While special damages are relatively simple to factor into your overall settlement amount, general damages can be a bit more challenging. You and your Southwest Florida personal injury attorney will need to calculate a fair amount that isn’t too much in order to find that fair settlement “sweet spot.” Typically, the general damages will be in contention during your settlement negotiation process.

While calculating general damages can be difficult, there are pieces of evidence you can use to support your general damages claims. Using evidence found in medical records or statements from medical professionals, one can prove different points as they relate to mental anguish or pain and suffering. For instance, fear of losing the ability to do one’s job, humiliation as a result of requiring help with personal hygiene, insomnia due to pain, and deep sadness due to missing family milestones while undergoing medical care can all be used as evidence of pain and suffering when backed up by medical documents.

Alongside your Southwest Florida personal injury attorney, you can calculate a fair and just settlement amount to cover your past, current, and future damages stemming from an unfortunate accident. If you’ve been injured in a slip and fall, car accident, defective product accident, or similar situations, turn to to see what our skilled personal injury attorneys can do for you.

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

How Your Personal Injury Settlement Is Determined

Goldman Babboni Fernandez
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