In recent years, there have been a lot of discussions about chronic pain and chronic pain management, especially when the pain stems from a personal injury case.
And while many successful cases may yield victims settlements worth tens of thousands of dollars, often, many fail to consider the cost of treatment and loss of enjoyment of life in the years that follow as it’s entirely possible to value an injury without fully understanding the complexities and the length of recovery for that injury – if a full recovery is even possible.
Consider this: You’ve been injured in a car accident that has left you with a broken wrist that will take six months to heal. That six-month treatment process has a finite price tag. However, living with pain in your wrist following your six-month treatment and any subsequent inability to work, recreate or participate in activities you normally would due to your injury should have a much different price tag.
As you move forward with your life after the accident, your settlement should be sufficient enough to not only compensate you for the medical bills that have accrued, but also the medical services that you may still need in the future.
As such, additional considerations need to be made as your payoff amount is determined. Have you considered:
- How much time was missed at work because of doctor appointments or inability to work?
- What emotional duress was caused?
- Were you disfigured?
- Were familial relationships strained or damaged as a result of the accident?
Because when an insurance company pays a settlement, they will ultimately seek to settle for as little as a plaintiff, judge or jury will allow. And though it may make sense to concede to a lower amount in order to get the settlement sooner and get on with your life, it is often ill-advised as the factors that pertain to each case are unique, and therefore, coming to a fair settlement amount can be complex.
When it comes to determining and paying damages in a personal injury lawsuit, it’s important to remember that there are some special rules and statutory provisions that come into play according to state. In Florida, for example, economic damages, such as lost earnings, support, services, and medical and funeral expenses, are uncapped in wrongful death and personal injury cases.
The determination of future damages, however, usually presents the greatest challenge as there are so many practical and economic factors that must be considered, giving rise to the risk that the award will be insufficient for the plaintiff’s future medical needs.
That’s why it’s critical to enlist the expertise and experience of a personal injury attorney to help you understand what the implications of all of those factors may be, as well as the future costs that may result from your injury.
Founding Anton Castro personal injury attorney John Castro is a member of TBTLA, the Tampa Bay Trial Lawyers Association, dedicated to upholding and defending the Constitution of the United States and the State of Florida, and FJA, the Florida Justice Association, dedicated to strengthening and upholding Florida’s civil justice system and protecting the rights of Florida’s citizens and consumers.
Mr. Castro is committed to each case – through to trial if necessary – to ensure an outcome that considers past, current, and future damages for each of his personal injury clients. Call Anton Castro Law at (813) 907-9807 or request a consultation today for a Tampa personal injury and accident attorney dedicated to Representing Your Best Interest.