This is one of the most asked questions in our business, handling Florida Car Wreck cases. Injured clients want to know what their case is worth for a variety of reasons. Many clients are being inundated with medical bills each day such that they dread the trek to mailbox. They look at the astronomical numbers in some of their medical bills and think “What am I going to do?” This drives many clients to seek answers about how they will pay for these expenses that they had not part in causing and that has also resulted in physical and permanent limitations on their activities of daily living.
My typical answer is that until the medical condition is fully and completely diagnosed, it is impossible for any lawyer to answer this question. Then I usually say ” it would be malpractice for any lawyer to place a value on your case until he/she knows your final diagnosis and prognosis.” So, once your medical treatment has reached the point where the treating doctors can provide a diagnosis and outline for future treatment, the personal injury lawyer can then come up with a reasonable estimate for future medical treatment costs as well as physical limitations going forward.
Florida Car wreck injury cases are all valued using the component damage elements that include: past medical expenses (those medical expenses incurred to present), future medical expenses (those medical expenses to reasonably be expected to incur in the future), past lost wages (lost income to present), future lost wages (lost income to reasonably be expected to incur going forward) and then the “non economic damages” aka “human damages”. These damages include pain and suffering, mental anguish, disfigurement, disability, inconvenience, and loss of the capacity for the enjoyment of life. The jury will be asked to award both past “human” damages and future “human” damages. I typically describe these damages as those that set us apart from machines. All the things that come along with being physically injured and limited in your activities. The complicated part is that there is no floor or ceiling on damages. The jury is left to decide what is reasonable and ‘fair and just” based upon the evidence admitted at the trial of the case.
Determining what a jury will do with these “human” damages is really an artform that only an experienced personal injury trial lawyer can attempt to intelligently estimate. The factors that go into this estimation are items such as: the likability of the plaintiff (injured party); the likability of the defendant (injury causing person or company), the rapport the lawyers have with the jury and how the trial witnesses handle the questioning in front of the jury. Also, at play is the venue of the trial. For instance, what county the trial is in can also tell something about the typical juror and some areas may contain more jurors that are more or less symtpathic to certain parties or subjects. For instance, Northwest Florida is an area that is known, in large part, for its various military establishments. So, if your plaintiff is in the military and the defendant is not, then it may be helpful that the case is tried in a county where there is a large percentage of jurors who have a tie to the military. This would also apply to other professions, ethnic groups and other social organizations that may be predominate in a particular area.
So, if you or a loved one is involved in a Florida Car Wreck or Florida Personal Injury case and this question comes up, it is important to consult with a Board Certified Civil Trial lawyer who can answer or attempt to answer this important questions. For more information on this issue or any other personal injury questions, please feel free to call 855HireJoe or on the web at www.zarzaurlaw.com.