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Nobody sets out to be involved in accidents but there is neglect involved in all kinds of accidents. This neglect could be in the form of a motorist performing texting while driving and ramming into your car as a result of the distraction. The neglect may come from a grocery store as well that hasn’t cleaned up a spill and this has led to you getting a nasty fall. When this neglect is being established it is in your best interest to seek financial compensations. This can be achieved by using an injury attorney for a personal injury lawsuit that will provide for damages such as lost wages, medical expenses, and pain and suffering.

How do you decide the pain and suffering?

The personal injury attorney will be aware of how to calculate and prove your pain and sufferings by considering many factors that include,

  • How bad was the injury?
  • Is there an ongoing requirement for medical treatment or some other therapy?
  • What was your age at the time of the accident?
  • Did you have any prior medical condition?
  • How much were the overall economic losses?

An experienced personal injury attorney will make use of the multiplier method while deciding the amount for the damages. If the accident victim was out of work for a few months and this led to the loss of wages of $40,000, this number can be multiplied by a factor of three to consider the pain and suffering. The total award for the victim can be around $120,000. The logic behind this is that during the time a person was unavailable at work he was also suffering from emotional distress and pain.

Another way the injury attorney may use is by applying the per diem amount. It is calculated as a per-day dollar amount and will apply to people with broken legs and arms. If your limbs were in casting for 60 days this additional amount will also get calculated as $100 per day with the total amounting to $6,000. Keep in mind that this amount is just for pain and suffering. The other damages such as lost wages, medical expenses, and property damage will be an additional amount.

Limitations on the lawsuit

There are many limitations on the personal injury lawsuits in the state of Florida. The first is time. You will get just 4 years for filing the lawsuit in Florida according to the statute of limitations of Florida and this time begins from the day of the accident. A similar limit applies to the medical malpractice lawsuit. In case you are suing government bodies, you will get 3 years to decide the lawsuit. The wrongful death plaintiffs get only 2 years to decide filing lawsuits in Florida.

There is another major limitation and that is the amount you can sue the party for. Although in normal cases there is no maximum amount of damages that gets awarded for pain and suffering in Florida, if the personal injury lawsuit includes medical malpractice a maximum of $5, 00,000 will get compensated. Florida also has a no-fault rule that impacts the amount of cash you will get as a result of the accident. It applies to auto accidents where the insurance companies are involved and pays for damages regardless of who was responsible for the negligence. Once the insurers are involved in the case it becomes extremely difficult to get compensated for the pain and suffering unless there is an external injury involved.

Sometimes you are forced to go through a difficult recovery process and need support from friends, family, and doctors. In this case, you will also need the support of an experienced personal injury attorney. For the incidents occurring in the Tampa, FL area you may use the services of the Rojas Law Group for the claims.

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Most of the personal injury claims are settled out of the court. But the adage says that a good attorney is never afraid to go to a trial. It is because settling the case is not always in your best interest. However, the uncertainties involved are removed by the out of court settlements and they are a better course of action in most cases. It is a good idea to know the advantages and risks involved both in the case of settlements and trials. Generally, this is explained to you by your personal injury lawyer in Florida.

Advantages of an out of court settlement

There are many possible advantages of an out of court settlement of your personal injury lawsuit in Florida and avoiding a trial. For instance, both the concerned parties are aware of the settlement terms before they sign an agreement. With a settlement, these parties avoid the uncertainty of a trial. The out of court settlement is generally a preferred alternative because it leads to a faster resolution of the dispute. Out of court settlement allows the parties a chance to resolve the matter quickly and get on with their lives rather than going through the long term option of a trial. Generally, the out of court settlements is less stressful than court trials.

In case of a settlement, a cheque is issued for the plaintiff and the settlement is not valid until the cheque has cleared. A trial, on the other hand, results in judgment and there is no assurance that the perpetrator will have any cash at that time or may turn over the money without fighting further for the case. The fees of personal injury lawyers are reduced considerably when a trial is averted. The settlement terms are normally kept confidential while the results of the trial are normally made public.

It is a known fact as indicated by studies that most plaintiffs that decide to pass the settlement offer and decide to go to a trial end up receiving less money than that was offered during the out of court settlement. Although generally speaking the defendants are better off going to the trial, but if they lose the case they will end up paying $1.1 million more than in the case of an out of court settlement. It is a big gamble to opt for a trial for both parties. The Florida law also has an incentive for those plaintiffs that accept a reasonable out of court settlement.

Advantages of going to a trial

There are some advantages of opting for a trial as well and not settling for an out of court settlement. For instance, a jury including your peers may award you more damages that you may have got in the out of court settlement. In case of out of court settlement, the defendant does not usually admit to any wrongdoing on his part. The trial court will determine and publicly state in case the defendant has done anything wrong and how he or she did it. Keep in mind that trials are cathartic for the people who need to be heard.

Having considered all possibilities the decision to take a case to a trial or accept a settlement is not something you can take lightly. For the people living in the Tampa, FL region, professional advice is available with the Rojas Law Group. The qualified personal injury lawyers will explain to you the cost and benefit analysis of both alternatives. Generally speaking, at the beginning of a case you will need a personal injury lawyer that is not afraid to go to the trial if required.

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It is a fact that a vast majority of personal injury lawsuits are settled out of court. But there is an adage that says a good lawyer is never afraid of going to the trial. It is because many times settling the case out of court is not in the best interest of the client. The term settlement means a formal resolution of the case before it has been decided by the jury or a judge. You can arrive at the settlement any time during the litigation. In some cases settlements are made even before a lawsuit is filed formally.

Pros and Cons of out of court settlement

There are many benefits associated with the out of court settlement of personal injury cases and avoiding going to trial. For instance, in the settlement, both parties are aware of the terms before they sign the agreement and the possible uncertainty of the trial can be avoided. Settlements allow the concerned parties to resolve the matter out of court and get on with their lives faster than going to trials. In the case of settlements, the check is issued to the plaintiff and the settlement is not considered valid until it is clear. The trial on the other hand goes toward judgment and there is no guarantee that the defendant in the case will turn over the amount without a further fight.

The fees of personal injury attorneys are reduced significantly when a trial is avoided. These settlements are always less stressful than compared to the trials. The terms of the settlement are generally kept confidential but the lawsuit results are normally made public.

Pros and cons of going to a trial

There are some possible advantages of taking the lawsuit to the trial as well and not opting for an out of court settlement. For instance, the jury comprising of your peers might award greater damages than you receive in the out of court settlement. In case of a settlement, the defendants do not admit normally admit to a fault. The trial court on the other hand will decide whether the defendant did anything wrong and state the findings publicly. These trials can turn out to be cathartic for the plaintiff who wishes to be heard.

Role of Florida courts

Many times the Florida courts encourage the involved parties to settle the dispute privately. They may take part in the mediation process as well. This is done because the courts are flooded with cases and they will get overwhelmed with backlog cases otherwise.

The Florida law can develop an incentive for the plaintiff to accept a reasonable settlement offer. The F.S. 768.79 states that if the defendant files some offer in a civil action to settle that is not accepted and then if the judgment turns out to be a “no liability” or 25% less than the offer, the court has to offset the defendants’ and lawyer’s costs against the reward. This will substantially decrease the amount of compensation. In case the attorney’s fees and defendant’s costs are higher than awarded damages at the trial, the court will provide judgment in favor of the defendant against the plaintiff for this amount, less the damages.

This decision to either accept a settlement or take the lawsuit to the trial for the personal injury lawsuit cannot be taken lightly. Your personal injury attorney will explain the overall costs and benefits of both alternatives to you. If your personal injury accident took place in the Tampa, FL area, you can utilize the professional services of the Rojas Law Group, a reputable law firm that has been helping accident victims and their families with claims for nearly 30 years.

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