What Is Fair Monetary Compensation For Auto Injuries In St. Petersburg?
Michael Babboni
Personal Injury
Whether it’s an accident on the I4, the US-19, or the I-275, St. Pete and Pinellas County have some of the more dangerous roads in Florida. Unfortunately, this means that St. Pete residents and drivers can be injured, but if those injuries are because of another driver’s negligence, the accident victim doesn’t have to worry about how to recover the costs required for medical treatment and recovery. This is the responsibility of the people that caused the accident.But if you’re in an accident in St. Pete and someone else owes you compensation, what is a fair amount for what you’ve suffered? Figuring out an appropriate amount of compensation relies on a few different factors.
Injury Extent
The first and most important factor is just how serious an injury is. As expected, the less serious an injury, the less intensive medical treatment is required, and the less compensation would be owed for recovery. Whiplash, for example, is a muscular injury that is usually recovered from in a few weeks. On the other hand, an accident that results in a lower spinal cord injury with permanent paralysis below the waist means the accident victim is now likely to be a wheelchair user for life, never able to walk again.
This is one reason why a medical diagnosis and report are critical, especially for settlement and compensation purposes. The medical report forms the basis for calculating financial compensation. If you don’t visit a doctor and merely estimate your injuries based on your own feelings, you may be wildly underreporting just how serious your injuries are.
Insurance Coverage
While the nature of an injury is important, another critical factor is the availability of insurance. When a lawsuit for an auto accident injury goes through, the other driver is named as the defendant; however, in the vast majority of cases, the defendant’s insurance company will pay the compensation, not the personal finances of the defendant.
Of course, not all insurance policies are equal; some policyholders will have much less coverage than others. So, for example, getting into an accident that results in a bone fracture might result in a settlement from an insurance company of $30000. However, a similar bone fracture with a different at-fault driver, with a more comprehensive insurance policy, could yield compensation of $130000.
This is why lawyers are typically prohibited from mentioning insurance companies in trials. Insurance companies realized that mentioning the existence of insurance companies and large policies tended to prejudice juries into rendering judgments with higher amounts once they knew an insurance company that could afford it was waiting in the wings. At trial, lawyers must act as if the defendant will pay and never mention the insurance company or the policy that can potentially pay out.
Pain & Suffering
This is a more abstract facet of figuring out appropriate compensation since this is subjective and unique to each person. For example, the pain and suffering of a pianist with a leg injury with a permanent limp will not be the same as an Olympic-level runner who relied on exceptional leg performance as part of an athletic career.
This is why it’s important to talk to an experienced personal injury attorney with the knowledge and experience to assess these factors correctly.