Factors that Can Affect Your Final Settlement Amount in Florida

After a car accident where you have sustained injuries, you may be wondering how to recoup the costs for your losses. The first thing you need to do is speak with a qualified medical professional to get a proper diagnosis and treatment plan so that you can start to recover. The next thing you need to do is contact a Tampa personal injury attorney to help you with your personal injury claim so you can ensure you obtain the highest amount of compensation. There are a couple of things that may affect the complete amount of compensation you receive. 

Pre-Existing Conditions

You should always tell your attorney if you have pre-existing conditions to determine the strength or validity of your personal injury claim. A pre-existing condition can make or break your case. If you have an injury before your accident and that injury was not worsened by the accident, you likely don’t have a claim. If you have an injury that was made much worse by your incident, which is very common, you could still be in a position to recover costs for that injury which was further aggravated.

Emotional Distress

It is not uncommon for the aftermath of an accident to result in emotional trauma. The mental anguish you experience is real and often, individuals will suffer from PTSD as a result of it. In certain wrongful death cases and with maritime law, and also under the Federal Employers Liability Act (FELA) as well as injuries at work for railroad workers, emotional distress will not apply. An experienced and knowledgeable Florida personal injury lawyer will know whether these factors will apply to your case and affect your compensation.

If you have ever had prior experience with a psychiatrist or psychologist, the defense will try to use your past to devalue the present distress you are experiencing. The argument of your mental anguish not being related to the accident but instead being pre-existing is something you need to know and expect as you move forward. If this will impede your overall case, it may be advisable by your attorney not to fight for emotional distress even when it is a valid claim.

Partial Fault

When you have been in an accident and you know you own some blame for the accident, you may be wondering if that means you won’t be able to recover costs. If your case goes to court, the jury will ultimately determine how much you can be awarded. That means there is a real chance you can still be compensated even if you have had some responsibility in the accident. The reality is that the amount of compensation you receive would be a smaller proportion than if you were at no fault at all.

Florida Personal Injury Attorneys

If you have been injured in an accident and you are unsure how strong your personal injury claim is or if you even have a valid personal injury claim to start with, contact the resourceful Tampa personal injury lawyers at Fulgencio Law. We can answer all of your questions and provide you the right legal guidance to move forward. If you do have a case, we will fight for you to see your full legal justice and ensure you know what is happening throughout the entire personal injury claim process.

Don’t hesitate to reach out to one of our experienced lawyers with your questions and concerns. Call us today (813) 463-0123 for your free consultation.