How Is Compensation Calculated in a Truck Accident Case

Have you been involved in a recent truck accident? You might be wondering what your next steps are. Car accidents commonly include frustration and figuring out how you’re going to make up for lost wages and damages. 

If you’re unfamiliar with Florida’s car laws, you might not know where to turn next. The lawyers at Frankl Kominsky Injury Lawyers are right here to help you every step of the way. We act as an excellent Miami Car Accident Lawyer and help people just like you fight for their rights after an accident (by appointment only).

What You Can Do After an Accident

After any car accident, the first thing you should always do is call the police and seek immediate medical attention if you or any other party involved needs it. Once that is taken care of, capture photos of the scene if you are able to. Any photo showing the damages and surrounding area of the scene can be helpful. 

Evidence will be beneficial if you need to step out of the no-fault system, which we will discuss later on. Once you’ve taken photos of the scene and the police arrive, you should cooperate with them by writing a report. This will be unbiased and can also be used as evidence for later use. 

Further medical attention is also something you should not skip out on. You may think you have nothing wrong or just a small cut, but there could actually be larger health concerns that become undiscovered until you allow medical professionals to check on you. 

Medical records, police reports, and photos can all be considered evidence in your case, so it’s worth it to go through these steps. It is also highly recommended to consult with a lawyer before speaking to your insurance company since lawyers can help you negotiate a fairer and more adequate amount for your damages.

Understanding The No-Fault Rule

Florida is one of the 18 states that have a no-fault rule in place. The no-fault rule means that even if you were to be the cause of the wreck, no lawsuits can be filed against you unless the plaintiff has eligibility to step out of the no-fault system. The goal was to minimize the court system being backed up with cases, which can put civilians in a tricky spot if they are hurting financially. 

The only way to seek extra compensation to help with finances if you do not meet the requirements to file a lawsuit is to speak to your insurance company. This requires residents in Miami, Florida to have at least $10,000 in personal injury protection and property damage liability. 

Personal injury protection only helps to assist with medical bills and lost wages, but not car damages. Therefore, if you think you want to have options for assistance in that area, you will also need to have collision coverage. 

Ways To Step Out of The No-Fault System

To file a personal injury lawsuit against the other driver, you must meet one of the following (or both) requirements:

  • Medical bills exceeding a certain limit
  • You suffered a severe injury from the accident

The “severe” injury has to meet one of the following to qualify:

  • Wrongful death
  • Permanent scarring
  • Amputation or dismemberment
  • Life-altering complications
  • On-going medical treatment

This is why it’s important to seek medical assistance to have on file the kind of injuries you’ve experienced as a result of the wreck. 

If you’re unsure if you qualify for a personal injury lawsuit, consult with a lawyer right away.

Calculating Your Settlement

If you are able to step out of the no-fault system, your attorney will recommend you file a personal injury lawsuit. Personal injury is a legal term that means a civilian has experienced injury or harm at the expense of someone else’s negligence.

When you decide to file a personal injury lawsuit, your attorney will be the one to draft the papers to serve to the defendant. There is no timeline to when a personal injury case will end. It all depends on how smoothly everything runs. There is also no cap as to how much you can be awarded.

There are two ways you can receive a settlement in a personal injury case:

  1. The defendant pays a settlement
  2. Your case goes to trial, and the jury awards you compensation

If the defendant refuses a settlement, your case will be calculated a specific way with the multiplier method. The multiplier method takes how much the jury awards you and multiplies it by any number between one and five.

Here is how personal injury cases are calculated by the jury:

  • Economic damages totaled
  • Non-economic damages totaled

Economic damages are physical items that can be added up, such as medical bills, time off work, and car damages. Non-economic refers to the physical and mental suffering such as trauma and the severity of injuries you are having to deal with. If and when you receive a settlement, your attorney costs will then be deducted.

How A Lawyer Can Help You Seek Extra Compensation

Looking for ways to seek extra compensation out of your claim? An experienced lawyer is just a phone call away. Many people try to avoid hiring lawyers to help their claims because of the expense that comes with them, but it’s a great investment if you want a better chance of a successful outcome. 

Lawyers possess many skills that will help boost your case and get your insurance company thinking twice on their first settlement offer. Why’s that? Because lawyers know how to negotiate.

Since Florida has a no-fault rule which means it’s up to you to speak to your insurance company for financial assistance, you might feel skeptical trying to bargain with them. Insurance companies are always out to find ways to save their business money, which means even though you’re required to have a minimum of $10,000 in PIP on standby, they are looking to make sure you don’t get the full amount or even half.

On the bright side, lawyers think in the opposite way. They are always keeping your best intentions in mind and fighting for you. 

Here is what a lawyer will do for you in your case:

  • Collect all necessary evidence
  • Negotiate for you
  • Speak to medical professionals and insurance companies
  • Draft papers to serve the defendant (if possible)
  • Much, much more

Start looking for the best Miami Car Accident Lawyer today to help with your case. 

Figure Out How Much You Can Walk Away with Today

Going through a car accident can be a lengthy process, especially when you’re trying to seek extra compensation to help pay for damages or medical bills. Luckily, we can help. 

Frankl Kominsky Injury Lawyers is a dedicated team of legal professionals who have 40 years in the business. We know how to properly handle car accident claims and help you seek the extra compensation you deserve. 

We understand how complicated things can be under a pure comparative fault rule and trying to negotiate with your insurance company for a larger settlement. Let us take care of things and help your chances of seeking a successful outcome.

Give our firm a call at (561) 800-8000 or fill out our free case evaluation form online to get started. We look forward to hearing from you and helping you in your case. 

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