When a person suffers an injury, they need to know that someone is on their side to make sure they receive the help they deserve and counting on an insurance company to do the right thing, may not be in their best interest. If the injury stems from an auto accident for example, the at fault driver's insurance company is going to do everything they can to reduce the amount of compensation the company has to pay.
If they have to accept liability for the accident, they may try to make a quick settlement offer and, unfortunately many people may willingly accept the offer without understanding the extent of their injuries or their losses. A little research about the value of their destroyed vehicle as well as their medical condition can usually reveal how low the initial offer was when it was made. There are different types of damages an injured person can claim and a Florida injury attorney can help guide them through the negotiation process.
Compensatory damages, for example is not only for general damages. Compensatory damages are designed to put the person back into the position in which they existed prior to the accident. General damages to consider would be the cost of the destroyed vehicle as well as any medical expenses incurred as a result of the accident. The vehicle cost can be either what it would cost to repair it to its prior condition, or its fair market value if it is destroyed as a result of the accident.
On top of that, which many may not realize, are special, or incidental expenses that result from the accident. If the injured party had to rent a replacement vehicle, or to have the property appraised by a third party, can also be included in the claim for compensation. While these costs may not be a direct result of the action that caused the loss, they are still part of the claim to return the injured victim to the condition they enjoyed prior to the loss.
Future damages are another area where Florida injury lawyers can help the victim recover losses. When anticipated losses can be determined and documented, they can be included in a claim for future damages. However, if future damages are only speculated, they will not be included in a claim. Any claims that are considered speculative will not be subject to recovery.
Additionally, there may be other incidental damages included in the claim such as reasonable costs charged for copy services in filing the claim as well as for obtaining copies of legal reports that support the victim's claim. For every claim for incidental charges proper documentation will need to accompany the paperwork.
If the case is settled out of court, there can be no case made for punitive damages. In many instances, this award is given only if the court believes it is necessary due to the actions of an individual or company, and there is a chance of the behavior that caused the injury will be repeated. Punitive awards are designed to deter similar activities from recurring in the future.
