What Are Future Damages And How Can They Help After A Southwest Florida Accident?
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According to Florida Highway Safety And Motor Vehicles, there were 212,521 injuries from auto accidents in the state of Florida. In many of these cases, the injuries are very debilitating. They can significantly impact your ability to earn an income, spend time with your family, and live your life normally. In the cases of these severe injuries, victims can feel very hopeless about their future. Nothing will ever make up for the pain and suffering you have experienced. However, compensation for those damages can help secure your future and reduce your financial stress.
What Are “Damages”?
Damages is a legal term used to define the damages caused by the accident. The concept of damages is basically that if someone causes harm, they have an obligation to make up for that harm. Damages include everything from property damage to medical bills to lost income. Damages are awarded based on fault. Fault is a legal term for the individual who did not exercise reasonable responsibility for their actions and as a result caused harm to another individual. In the state of Florida, we use a comparative fault system to determine damages.
How Comparative Fault Works In Florida
Comparative fault is a system that is based on the premise that accidents can be the result of a number of factors and that fault is not always black and white. When the courts look at the details of an accident, they will determine the full value of the damages caused. Then they will investigate the fault. In some cases that fault may be 100% the result of one driver, but it can also be split between the two drivers. In the case of split fault, each driver will be assigned a percentage. Then that percentage will impact the value paid out for damages. For example, if the courts determine that the value of an accident is $10,000. If the at fault driver is found to be 80% at fault while the other driver is 20% at fault, the pay out of the claim will be $8,000 or 80% or $10,000.
What Are Future Damages?
Future damages are a type of damage designed to help cover the long term costs of an accident. For example, if you get into an accident that will require years of surgery to correct the injury, you may qualify for future damages. Another example is if your injuries are so severe you can no longer work your current job, future damages will cover those costs. Future damages can cover the loss of income, the cost of retraining, and the cost of lost benefits like retirement. Future damages can help you stay financially secure through the entire length of recovery.
How Do I Qualify For Future Damages?
There are two things that you will need to prove to qualify for future damages. First, you need to show that the other driver was at least mostly at fault for the accident. Secondly, you will then need to show that your injuries will cost you financially over the long term. That will require a lot of evidence of the damages. You will also have to prove fault. An accident attorney has the knowledge to help.
How An Auto Accident Attorney Can Help You Obtain Future Damages
There are a number of ways that an accident attorney can help you obtain future damages. First, they will collect all the evidence including witness testimony, accident reports, and medical bills to prove fault. They will also help calculate the full value of your damages both for now and into the future. Then they will negotiate with the insurance companies and pursue your claim all the way to court if necessary. A good attorney will not settle for less than what you deserve.
The team at Goldman, Babboni, Fernandez, and Walsh in Sarasota will provide a free case review and explain your options. Do not settle for less than the full value of your claim now and into the future. Call us today!