Blog

Florida Injury Settlements: More Secrets to Maximizing Your Claim Value

Posted by:

florida injury settlements: values & secrets

Text or Call 24 Hr Attorney Hotline (407) 803-2139

Expert Review Note: Crafted and carefully reviewed for legal accuracy using detailed input and real-life examples by Orlando personal injury attorney Tina Willis, who has more than two decades of legal experience, this guide offers comprehensive insights into Florida settlement value factors & how accident attorneys calculate those.

If you suffered serious injuries or lost a loved one in a Florida accident, you may be wondering what the full settlement value of your potential injury or accident claim might be. Calculating the potential value of a personal injury claim can be confusing. However, the best Orlando personal injury & accident lawyers systematically analyze core case components to roughly estimate case settlements.

While every case is unique, understanding these key building blocks can give you important insights into how we maximize the value of your case. At a glance, the main elements affecting injury case settlement value include:

  • Injury Severity
  • Treatments Actually Received (To A Lesser Extent, Recommended Treatments)
  • Medical Bills (Past and Future)
  • Lost Income and Future Earning Capacity
  • Pain and Suffering Damages
  • Case Results From Prior Cases With Similar Facts
  • Insurance Policy Limits
  • Proving Liability (Fault) and Responsibility
  • Dangers of High Volume Law Firms
  • Client Honesty
  • Timing of Hiring a Lawyer
  • Pre-Existing Conditions
  • Subsequent New Injuries
  • Vehicle Damage (in car & truck accident cases)

This settlement calculator guide examines how the most skilled personal injury lawyers carefully evaluate these interlocking components to maximize claim value.

If you want to know more details about how personal injury and accident cases are valued, please keep reading. If you just want help, give us a call. We answer our phones quickly, 24/7, and, if we think we can help, we will be on the phone with you either immediately or very, very soon. (407) 803-2139.

Introduction To Settlement Calculator

While providing an exact dollar figure is impossible without a thorough investigation, this comprehensive guide will examine the most critical factors to estimate the potential settlement value ranges for Florida lawsuits, ranging from moderate to serious to catastrophic injury cases.

With real case examples from Florida and elsewhere, you’ll better understand how we, as seasoned Orlando personal injury & accident lawyers maximize recovery through skillful handling of these complex legal and medical issues. While this information might help you make a reasonable estimate, every single case contains unique nuances. Hiring an experienced Florida personal injury lawyer truly is critical. This is not only so that we can accurately assess your case value, but more importantly so that we can get started, especially in moderate to serious injury (and wrongful death) cases, which involve rigorous and lengthy court procedures needed to collect the evidence needed to prove your lack of fault, the extent of your injuries, and their impact on your life, which insurers ALWAYS require to write truly big checks. An experienced, focused Orlando personal injury attorney levels the playing field against corporate defendants and insurers’ tactics.

Use this guide to vaguely estimate your potential settlement value ranges, then schedule a free consultation with our firm if you really want to win the full value. Let us use our proven expertise to win the outcome you deserve. (407) 803-2149.

Also, if you read this entire guide, you will be a much better informed client. But there simply is no substitute for hiring the right lawyer as soon as possible after your accident. Important evidence can be lost and that can tank your case regardless of other factors.

In creating this comprehensive settlement calculator guide, our hope is that you will see that this process is not cookie-cutter, and certainly not a DIY activity. You shouldn’t be talking to insurance adjusters because they are only looking for reasons to lower your case value, and they have many sneaky ways of accomplishing those goals.

Injury Severity — Step One of Settlement Calculations

The type and extent of accident injuries are major factors affecting potential settlement amounts. We can only prove the severity of injuries with medical records, which are usually extensive in higher value cases.

More severe and debilitating injuries warrant substantially higher valuations and payouts, while minor soft tissue injuries generally result in lower settlements.

What are the estimated settlement values of truly catastrophic injuries?

Permanent AND truly catastrophic injuries command top-tier settlement amounts, often in the millions of dollars BUT subject to the many factors that can decrease value (like mixed fault, not enough insurance coverage, lack of evidence, law changes, etc.), some of which are discussed below. The lifelong impacts of these injuries greatly increase their value. And we work tirelessly to collect helpful evidence, and minimize harmful evidence.

Here are some examples of the types of cases that often warrant 7 plus figure recoveries IF there is available insurance coverage and the law otherwise permits recovery in the particular case:

Catastrophic Injury Examples*
Paralysis
Amputation
Severe burns
Loss of eyesight
Severe brain injuries
Spinal cord injuries resulting in paralysis
Traumatic brain injuries causing permanent cognitive deficits
Amputation of limbs
Severe burn injuries over large portions of the body
Wrongful death of family members
Loss of vision or hearing
Permanent disabilities requiring lifetime care
Brain damage causing loss of basic functions
Crush injuries resulting in multiple organ damage
Multiple spinal disc herniations requiring multiple surgeries
Loss of reproductive capabilities
Severe orthopedic fractures necessitating multiple reconstructions
Degloving injuries exposing muscle and bone
Permanent loss of use of limbs from medical errors
Scarring and disfigurement impacting quality of life and employability
Brain damage resulting in permanent vegetative state, dysfunction or memory loss
Debilitating strokes caused by medical negligence
Paralysis from the neck down requiring 24/7 care
Severe traumatic brain injury impairing speech and movement
Permanent injuries from defective products like vehicles or machinery
Life-changing injuries to infants during childbirth
Third-degree burns over half of the body requiring skin grafts and reconstructive surgery
Blindness and vision loss from hospital errors
Loss of all or multiple limbs from workplace accidents
Massive internal organ damage from auto collisions
Devastating spinal damage from construction site negligence
Brain bleeds and nerve damage in babies from medical malpractice
Blown out knee permanently limiting mobility and recreational activities
Permanent loss of bowel and bladder control from spinal injury
Crushed limbs requiring dozens of surgeries to attempt reconstruction
*Estimated 7 plus figure valuation, subject to available insurance coverage, no mixed fault liability issues, and no other major problems in case.

What Are Estimated Settlement Values Of Moderate To Severe Injury Cases?

Moderate to severe injuries requiring significant treatment may have potential payouts into the hundreds of thousands or higher. All settlement and verdict amounts are always dependent on the unique facts of each case, and subject to available insurance. The exact same injury might be worth zero dollars in one case, and a million dollars in another. Therefore, the table below is an estimate based on ideal case facts & insurance amounts.

Moderate to Severe Injuries*
Surgery
Hospitalization
Long-term rehabilitation
Sometimes mild traumatic brain injuries
Moderate traumatic brain injuries
Herniated discs requiring spinal fusion surgery
Concussions leading to migraines or cognitive deficits
Knee ligament tears needing reconstructive surgery
Rotator cuff tears resulting in permanent shoulder disability
Future arthritis and joint degeneration from orthopedic injuries
Facial fractures requiring surgery and pins
Loss of fingers, toes, or partial amputation of limbs
Ruptured organs necessitating extensive hospitalization
Neck and back nerve damage resulting in chronic pain and radiculopathy
Partial loss of vision, hearing, or use of limbs
Carpal tunnel syndrome resulting in permanent disability
Torn tendons requiring surgery and rehabilitation
Severe dental damage requiring implants and reconstruction
Disc bulges needing injections or multiple procedures
Complex regional pain syndrome (CRPS)
*Values generally range from 100K to 1M, subject to available insurance coverage or defendant assets, “who’s at fault?” considerations, and other positives and negatives in case.

Moderate to severe injuries like those listed above definitely could warrant six and, in rare cases, even seven-figure settlements when clearly documented, requiring significant treatment, and resulting in substantial lost income. We spend the time, and have the experience and skill, to ensure that all of our clients receive the maximum compensation for moderate impairments and disabilities by employing many different strategies honed over years of practice, including but not limited to: our experience valuating similar cases, our connections to other injury lawyers around Florida, with whom we regularly compare notes and experiences, our years long relationships with experts and Central Florida physicians, our experience gathering evidence utilizing many different court processes, our extensive and lengthy discussions with any client who has a serious injury, throughout their case, and many other proven techniques.

What is the Value of Non-Severe But Still Serious Injuries?

Here are some examples of less serious injury types that can still warrant settlements in the tens of thousands up to low hundreds of thousands of dollars:

Less Serious But Still Potentially Valuable Injuries*
Concussions (can be much higher if severe and with extensive credible symptoms)
Disc bulges requiring injections
Moderate fractures
Torn tendons
Herniated discs
Knee injuries needing physical therapy
Minor fractures
Broken bones requiring casts but no surgery
Mild concussions and traumatic brain injuries with no long-term deficits
Disc bulges managed conservatively through therapy and injections
Sprains, strains, tears of tendons and ligaments limiting range of motion
Minor burns and scarring needing some treatment
Limited orthopedic injuries resulting in arthritis
Minor soft tissue neck and back pain, whiplash limiting activities for a period
Cuts, lacerations requiring some surgery and stitches
Temporary blindness, vision changes resolving in months
Range of motion lost in shoulders, knees, hips
Tinnitus (can be much higher if severe)
Hearing loss or ear damage (can be much higher if severe)
*Can be valued at tens to low hundreds of thousands, depending on unique case facts, subject to available insurance coverage.

For less substantial but still moderate injuries like these resulting in less treatment, we negotiate higher settlements by convincingly presenting evidence of how the injuries have reduced the victims’ quality of life and require ongoing care.

What is the Settlement Value of Comparatively Minor Injury Cases?

  • Minor soft tissue injuries like sprains, whiplash, bruises, or abrasions generally receive smaller settlements in the thousands to tens of thousands.
  • We perform less work on minor injury cases, partly because the case value would never justify expensive litigation costs, which would then be deducted from your final net recovery, in the form of a higher percentage for the attorneys’ fees, as well as much higher court costs. However, we still make sure that minor injury case values are maximized to the fullest extent possible without litigation.

Treatment Considerations — Step Two Of Settlement Calculations

Regardless of the severity of the injuries, we absolutely MUST have complete medical records and documentation of all diagnoses, treatment, and prognoses from expert physicians to prove injury severity. This is not optional, and includes our clients following all doctor recommendations.

How Do Surgical Recommendations and Surgery Impact Settlement Calculations?

To get the highest case value, injury victims must follow all doctor recommendations, including surgical recommendations. (Of course, treatment and surgery are highly personalized decisions, and you may not want surgery, which we completely understand. We do not believe anyone should undergo surgery just to increase the value of their personal injury case. That being said, if your doctor recommends surgery, and you choose not to have the surgery, there is no getting around that your case value will be lower.) If your doctor recommends surgery, the mere recommendation will increase your case value somewhat. But actually having especially a major surgery will increase the value often much more (again assuming coverage exists, and considering other factors).

How Do Unfinished Treatment Plans or Gaps in Treatment Affect Injury Case Settlement Value?

Unfinished treatment plans or gaps in care can reduce value unless we accident lawyers can prove there was an extremely good reason for the gaps or unfinished treatment plans. Serious injuries without commensurate treatment rarely receive significant settlements. The bottom line is that medical evidence bolsters claims of debilitating effects, and really is not optional.

Medical Bills Caused By Accident — Past and Future

Part of the reason that more severe injuries lead to higher valuations is because the medical treatment is more expensive. More medical treatment leads to higher medical bills, and generally indicates that our clients experienced more pain and suffering (there are occasional exception where catastrophic injuries have a high value, but limited treatment options are available, like with blindness). So total medical bills are a very important part of the settlement valuation. We go into every mediation or trial knowing the exact total of your medical bills, with a breakdown, timeline, reason for treatment, reason for gaps in treatment, etc. In appropriate cases, we also have expert testimony or opinions regarding likely future medical bill amounts.

personal injury settlement values in florida: how medical bills drive up values if well documented

Medical Expenses Drive Up Values, But Must Be Documented

Calculating all accident-related medical costs, and keeping detailed receipts, is critical to maximizing your settlement value. Documenting high expenses strengthens the case, but your medical bills must be deducted from your final settlement amount. (Important: this is NOT a good reason to avoid treatment, unless there is limited coverage relative to your anticipated medical expenses, because higher medical bills result in higher pain and suffering values. If there is limited coverage, then we give case-by-case advice.)

Past Medical Expenses

All medical bills and out-of-pocket costs caused by your accident are necessary evidence of your damages. So you should save all receipts, even for small copays or medication purchases. When trying to settle your case, we always highlight large expense amounts to make a stronger argument about the overall pain and suffering you experienced.

Future Medical Costs

Receiving compensation for future medical expenses often requires expert testimony from physicians who can convincingly opine that projected treatments are directly attributable to accident injuries, medically necessary, and priced fairly. Their analysis must align with clinical guidelines and withstand heavy scrutiny by insurance defense lawyers and their opposing experts. For example, a back surgeon may outline costs of future recommended fusion surgery necessitated by a crash. There would need to be solid medical reasons for an anticipated, future surgery or other treatment or care.

Advancing Expert Fees

Be aware that fees for medical experts, economists, and other specialists must be paid upfront by the attorney, and those costs are eventually deducted from your settlement. Their involvement is an investment. And we make those decisions very judiciously, always with an eye toward what will put the most money in your bank account at the end of the case.

Settlement Value Impact of Medical Bills

Although plaintiffs must repay medical bills from their gross settlement amount, reducing their net payout, higher medical costs generally still increase net recovery. Extensive medical bills increase pain and suffering value estimates, and put greater pressure on adjusters to settle high.

construction worker who can't work after an auto accident, impact on personal injury case settlement value

Lost Income and Earning Capacity Can Substantially Boost Value

Proving lost wages and reduced future earning potential can significantly increase a personal injury claim’s value into the hundreds of thousands or even millions, for high wage earners. (Again, subject to the many other case value considerations discussed throughout this article.) However, very solid evidence and credible experts are crucial to justify lost income compensation.

Documenting Past Income Loss

Claiming lost income requires submitting clear proof like pay stubs, tax returns, payroll records, and other documentation that shows historical earnings before versus after the accident. Gaps in work history or self-employed status make past wages more difficult to prove. An example of good evidence would be providing 3 years of W-2s and pay history to show average salary before injury.

Proving Reduced Future Earnings

Receiving compensation for future lost earning capacity often requires testimony from vocational and economic experts. They analyze medical evidence to give their opinion on our client’s inability to work and provide mathematically-sound projections of related losses. For example, a physician restricting someone to sedentary work allows an economist to calculate how much that reduces lifetime earning potential in our client’s profession, if they had a job requiring more active work.

Expert Testimony on Losses

Finance and career experts who can persuasively evaluate lost income and explain conclusions in court can substantially bolster these claims, which often form a major component of serious injury case value. We are highly skilled serious injury, accident and wrongful death attorneys, so we are experienced in developing evidence then preparing experts to compellingly convey lost wage theories to judges and juries.

Missed Promotions and Opportunities

Personal injury, car and truck accident settlements may account for indirect income losses like missed promotions, benefits, seniority, advancement prospects, and diminished earning potential over decades. However, these more speculative losses generally only apply to the most serious injury cases, and require analysis by vocational experts to support theories on loss of future earnings. For example, economists can compare historical promotion rates at an injury victim’s company versus their new projected trajectory.

semi truck driver who can't work due to an accident injury and impact of loss of work on his settlement value

Pain & Suffering: How We Methodically Prove & Calculate, As Part of Personal Injury Settlement Valuation

This is an overview of how pain and suffering impacts personal injury settlement values:

  • Pain and suffering refers to physical discomfort, emotional distress, loss of enjoyment of life and other subjective non-economic damages resulting from an injury.
  • Pain and suffering damages are calculated using a multiplier applied to the measurable medical costs and lost wages.
  • Typical multipliers range from 1.5x to 5x special damages, depending on injury severity and age. Higher multipliers apply to catastrophic injuries and young/elderly victims.
  • Evidence proving pain and suffering includes graphic injury photos, videos showing limitations, testimony on impact to relationships and daily activities, and medical records documenting suffering.
  • Witness accounts of obvious agony at the scene or long hospitalizations establish acute suffering early on.
  • Expert testimony from doctors explaining future disability or chronic pain provides evidence of ongoing suffering.
  • Juries also consider loss of enjoyment factors like inability to engage in sports, travel or any favored activities shown through logs, social media archives and records of missed events.
  • Social media posts and other evidence, like investigator photos (which the defense often produces especially in more serious injury cases), can also reduce pain & suffering valuations, if the evidence proves that you weren’t suffering as much as you claim, or that you had greater physical capabilities than you stated during your testimony (especially during your deposition, but also any trial testimony).
  • Past verdicts and settlements help set benchmarks and expectations for judges and juries, and therefore defense lawyers, and insurance adjusters, when negotiating pre-trial settlements, on appropriate compensation for similar levels of suffering.
  • Insurance adjusters increase settlement offers as evidence confirming extensive suffering mounts, out of fear of inflated jury awards exceeding policy limits.
  • Since pain and suffering is subjective, skillful legal advocacy is key to compellingly conveying suffering and securing enhanced multipliers.
  • We stay absolutely COMMITTED to maximizing all client recoveries by thoroughly documenting pain and suffering, retaining the most respected experts, and aggressively negotiating using all available evidence, instructing our client to develop evidence within ethical guidelines, and past precedent.

Comparable Verdicts and Settlements Help Set Expectations

Researching past jury verdicts and settlements in analogous injury cases within the same Florida jurisdiction (for example, Orange, Lake, Seminole, Volusia, Polk, Osceola, Sumter, Marion, Brevard, or Flagler Counties, in Central Florida) provides a benchmark for potential claim value. Online legal research databases, which contain millions of indexed case outcomes throughout the country, broken down by injury type, location, judge, lawyers, and many other factors, allow us to confirm and keep track of what settlement values other similar plaintiffs received.

So you never have to worry that at least we are pulling numbers from thin air. We base all settlement value recommendations on extensive experience, research, and evidence.

However, many substantial settlements occur confidentially pre-trial and will not appear in verdict databases. Our extensive experience regarding settlement ranges for particular injuries in applicable jurisdictions is key. We reference our own extensive histories negotiating cases to inform projected values. In cases outside Central Florida, where we are based, we utilize our unique and extensive connections with injury lawyers around the state. We often have discussions, without sharing confidential or identifying information, with our experienced counterparts throughout the state. And we involve those lawyers as necessary. We are also very active in online personal injury lawyer forums, where these kinds of issues are routinely discussed. These valuable friendships and connections ensure that we are very well informed about similar case values throughout the state.

For example, we may advise clients that herniated discs requiring fusion surgery typically settle from $200,000 to $750,000 in their county, based on our past very similar cases. While not guaranteed, these comparisons set reasonable expectations. Published jury verdicts also reveal possible compensation if pushed to trial, which pressures insurers to settle higher.

Proving Liability and Responsibility Often Requires Extensive Litigation

Liability means fault. In other words, “who caused the accident?” Defendants almost always try to find evidence to prove that the plaintiff was either totally at fault, or at least should share some percentage of the liability for the accident (and therefore reduce their case value).

Florida’s New Injury Law Drastically Alters The Likely Recovery In Certain Cases

To make matters worse, on March 24, 2023, Florida passed a law drastically changing injury law in Florida in many ways. As a result of that law, if a plaintiff has more than 50% responsibility for an accident, their case has no value. This is theoretically determined by a jury. But plaintiff and defense lawyers now must carefully evaluate potential fault in determining whether to even take a case, and then what settlement value to recommend. (This law does not apply to cases filed before the law passed.)

Proving Contested Liability Takes An Extensive Amount of Time

In any event, in all serious injury, contested liability cases, if the case is handled properly, establishing negligence and fault require significant resources and attorney time. This is the reason you do not want a high volume settlement mill law firm handling a serious injury case. They will settle for a lower number to avoid doing the additional work, because they simply do not have the time. This has been proven with extensive evidence.

Because of the Florida’s new law, we must decline cases where we believe there is a likelihood that the plaintiff would have greater than 50% responsibility.

In cases we choose to accept, we must rigorously analyze police reports, eyewitness statements, video footage, and other evidence to prove responsibility. Defendants (and their lawyers) almost always deny or minimize their share of the blame. And defense lawyers (which one of our lead attorneys used to be) scour every piece and page of evidence looking ONLY for ways to reduce your case value. They are not neutral players in this game.

In cases that justify the expense of litigation, we thoroughly inspect accident scenes, vehicles, equipment involved, weather reports, maintenance records, and other physical evidence. Retaining respected expert witnesses to reconstruct accidents or give opinions on faulty machinery or unsafe premises can be essential. We also leverage court power to subpoena records, gain access to property, question witnesses, receive documents, and force cooperation with investigations.

For example, we acquired cell phone tower records confirming a driver was texting when he struck our client. We hired a respected accident reconstruction firm to simulate the exact crash dynamics. These steps proved liability despite adamant denials.

The litigation tools and tenacity required to overcome hard fought disputes over responsibility require injury victims to hire lawyers who are intimately familiar with these legal battles. Every lawyer on our team has decades of experience systematically developing liability evidence and arguments in cases that many other Florida injury attorneys routinely settle for far lower values and less work. Our experience, approach, and reputation often produce higher settlements because defendants do not want to face us in court if negotiations fail.

Total Combined Insurance Coverage, And Other Sources of Compensation, Create the “Cap” On Your Recovery

Insurance policies and coverage directly affect injury settlement payouts in several key ways:


At-Fault Driver’s Liability Insurance, called Bodily Injury (“BI”) Coverage

We have to learn bodily injury (“BI”) liability limits on the at-fault driver’s auto insurance policy, as this is often the initial target for obtaining a settlement. Typical limits for personal policies are $10,000, $25,000, $50,000, $100,000 or $300,000 though drivers some drivers elect higher limits. Umbrella policies may add further coverage.
Florida does not require drivers to carry any bodily injury (BI) coverage, however. So in a small percentage of cases, there is no money to recover, and therefore no case value.

Your Own Uninsured or Underinsured (UM/UIM) Motorist Coverage

Your policy’s uninsured motorist coverage (UM/UIM) limit acts as a backup or additional source if the at-fault driver’s insurance is not high enough based on your injuries and the other facts of your case. We always confirm UM coverage amount because it may substantially increase your potential recovery.


Commercial Insurance Policies & Additional Coverage

Large corporate vehicles and trucks often have umbrella, excess liability or other substantial policies above the listed auto coverage. Digging deeper frequently reveals extra millions in coverage. We never recommend that you blindly accept an offer of “policy limits” in these scenarios, unless the likely value of your cases is clearly lower than the policy limits.

Semi and commercial truck policies often have at least one million in coverage, sometimes much higher, and sometimes we can find more money. And we definitely search high and low for additional funding, in cases that should be worth more than one million.

So, for example, in catastrophic injury cases, like a brain injury, or paralysis, if a large trucking company offered one million because that’s the policy max (which we have had happen many times), then we would take the extended time needed to investigate and seek other evidence through court procedures to make sure there is no more money available.

Our approach absolutely is NOT the norm. Many lawyers would advise taking a policy limit offer in this scenario. We might – but only after we confirmed that there was likely no more money available. Confirming can be a lengthy process because we have to utilize the discovery and subpoena processes in court, including depositions, requests for written information, motions fighting about evidence or seeking additional discovery, etc.

defendant asset searches in personal injury cases


Assets, Other Insurance & When We Might Dig Deeper

Besides auto policies, we search for other assets or insurance funds from parties that may share liability, like employers, contractors, property owners, manufacturers etc. There may be other avenues for reimbursement.
Policy limits as caps – Most often, the combined max payout will be the total of the negligent driver’s policy plus your UIM policy. This is the practical ceiling or cap, but not an absolute one. There can be exceptions and that depends on evidence.
Going beyond policies – In rare cases, we can tap into additional coverage sources, win asset seizures, or even get exceptions to policy caps. So listed limits should be viewed as very likely but not absolutely definite caps, depending on the facts of the case. For accidents involving one individual hitting another individual, they are nearly always the maximum. But in cases involving medium to large size companies, we take a closer look.
Thoroughly investigating all potential insurance assets available is crucial to maximize settlement offers, before even addressing case specifics. While policies create practical limits, our extremely creative lawyering can sometimes access additional coverage through relentless effort. In those cases, hiring us for our experience in extracting maximum insurance funds truly is essential.

The Critical Importance of Client Honesty

While it may be tempting to exaggerate symptoms or expenses, with the hope of increasing a potential settlement, it is very important for plaintiffs to be completely truthful during any litigation involving a personal injury claim. Dishonesty can significantly reduce case value and in the worst situations completely destroy any financial recovery.

Defense attorneys thoroughly investigate claims using video surveillance, background checks, social media and, during litigation, they can and do utilize extensive discovery (court process) tools to verify plaintiff assertions. Any inconsistencies between a client’s statement and other evidence can severely undermine the case.

For example, if you say one thing about your capabilities during your deposition, but the defense has video from an investigator showing you doing what you said you couldn’t, that could substantially lower their settlement offer.

Ultimately, the strongest claims with the highest value rely on clients sincerely conveying how the accident and resulting injuries have affected their lives. The truth ensures the best chance at the highest value outcome.

Pre-Existing Conditions – A Double-Edged Sword

Pre-existing medical conditions require careful navigation when pursuing an injury claim. On one hand, insurers definitely will argue that any related pre-existing condition, not the accident, is wholly or partially to blame for claimed symptoms and losses. This argument can reduce settlement value because the at fault party didn’t cause the symptoms that you already had.

However, properly presented, a documented prior condition can somewhat strengthen a claim by demonstrating that you were more vulnerable, and therefore your pain complaints are more believable.

The true impact really depends on the specific facts of each case.

But we always anticipate how prior conditions may be used against our clients and proactively address this evidence to minimize any impact on value. In certain cases, like those nearing trial, we sometimes retain medical experts to explain the precise interplay between pre-existing and new injuries, distinguishing them to warrant the maximum compensation.

In the end, pre-existing conditions are a complex factor that could help or hurt a claim depending on the specific facts of your case. But we have developed many techniques over the years to most effectively rebut these arguments.

New Accidents Often Severely Undermine Injury Claims

Suffering any new injury, accident, or illness after an incident can seriously damage your injury claim by undermining our efforts to prove that the first accident caused your injuries or symptoms. Insurers have a good argument that the new accident caused your symptoms, or prevented them from improving. This argument can greatly reduce or eliminate the amount they are willing to pay to settle a case (and what a jury will award). Insurers leverage doubts over causation to minimize payouts.

Proving a distinct new injury did not contribute to claimed symptoms is difficult. The original accident may have increased susceptibility, and the new accident may have made your symptoms worse. Apportioning liability becomes complex. Any ambiguity benefits insurers.

Unfortunately, sometimes we cannot remedy the detrimental impact of subsequent accidents without strong medical evidence distinguishing old and new damages. However, depending on the specific facts of the case, we can sometimes craft arguments to contain the fallout. Still, new accidents can profoundly weaken once strong injury claims.

Hire A Lawyer Immediately to Preserve Evidence and Secure Maximum Value – Delay Can Cause Proof to Disappear and Value to Dwindle

We can’t overstate the need to hire an experienced Orlando personal injury attorney as soon as possible after an accident to preserve critical evidence and protect your claim’s maximum value. Delaying legal representation even briefly can reduce or eliminate case value.

Insurance companies move rapidly to minimize how much they have to pay by gathering evidence to dispute claims and liability. Your direct interactions with insurers can be tremendously costly. But if you call us right away, then we can take quickly gather evidence to help strengthen your case.

You should know that physical evidence degrades (or is destroyed, in the case of vehicles that are sent to junk yards), witnesses forget details, injuries improve, or get worse, new accidents can happen, and records vanish over time. Our immediate investigation and documentation efforts are key to securing evidence before it disappears. We often uncover initial facts and evidence that clients would have never recognized as essential.

Do not leave money on the table simply because you waited too long to hire an Orlando injury & accident attorney after an accident. Even the first hours and days (and certainly weeks and months) can be very important – an immediate consultation allows us to start preserving evidence when it matters most. Time is never on your side when seeking fair injury compensation. Don’t let delays dilute your deserved value.

Why High Volume Settlement Mills Underserve Moderately to Seriously Injured Clients

A pivotal Stanford Law Review study analyzed eight of the then largest personal injury firms in the United States, operating as so-called “settlement mills.” The author interviewed nearly 50 former employees and reviewed bar disciplinary records showing these practices maintain staggering caseloads of 500-1000 clients per attorney annually.

Dividing case volumes by billable hours reveals lawyers average just a few hours on each case per year. These firms depend on minimizing time investment to maximize profits and fund extensive advertising campaigns. This assembly line business model deprives clients of meticulous, customized efforts to properly value and maximize compensation for even moderate value individual accident claims.

According to the analysis, settlement mills exploit vulnerable clients by pressuring quick settlements at formulaic “going rates” based on injuries rather than case specifics. Settlement mills cut corners because their profits depend on volume over diligent assessment of damages, liability, experts, and aggressive negotiation specific to the facts.

In the study’s words, settlement mills systematically underpay clients with moderate to substantial claims who need tireless advocates laser focused on maximizing recovery through thorough investigation and assertive negotiation tailored to the case merits.

So while appropriate for minor injuries, the data indicates any high volume firm that depends on advertising works against clients with moderate to serious (and catastrophic) injury claims. Justice demands dedicated counsel advocating for fair compensation only achievable through rigorous analysis of the details. Don’t let a settlement mill settle your case for less!

Conclusion

In the end, calculating the potential settlement value of a personal injury, car or truck accident lawsuit requires comprehensively assessing and balancing numerous interdependent factors. The ultimate settlement value never comes from any formula or calculator. But from thoroughly understanding the unique circumstances and meticulously proving every element, from damages to liability. We are Orlando personal injury lawyers who are very experienced with unraveling injury cases piece-by-piece to construct the strongest position. We achieve the highest valuation through deep analysis and persuasive, creative use of the medical, employment, insurance, liability and other critical facets. While no two claims are alike, this guide illuminates the key components and strategies Florida personal injury lawyers use to deliver clients maximum results. If you or a loved one suffered harm due to negligence, please call us today for a free consultation and realize the full value of your case with diligent, client-centered advocacy.

Want to Learn More?

For a comprehensive overview of the settlement calculation process and other key factors in Florida personal injury cases, refer to Part One of our series.

Interested in getting a preliminary estimate of your case value?

Try our custom Tina Willis Law GPT (AI) Injury Settlement Calculator (scroll to the bottom of the post to link to the calculator). You will not be required to enter your contact info, and our law firm will not be able to read your entries.

Important Note to Readers: While we’ve poured considerable effort and experience into creating this content, and it has been meticulously reviewed for legal accuracy by Tina Willis, an experienced Orlando personal injury attorney, please remember that it’s not personalized legal advice. Every case has its own nuances and complexities. That was part of the point of creating the guide — so that you could begin to understand some of those complexities. For advice specific to your situation, we strongly encourage you to call us for your one-on-one consultation.

Text or Call 24 Hr Attorney Hotline (407) 803-2139

0

About the Author:

Tina Willis is a serious injury, accident & death lawyer, based in Orlando, Florida, although she accepts cases throughout the states of Florida and Georgia. Ms. Willis has won many prestigious industry awards, best personal injury & car accident lawyer awards, and recovered multi-millions for her clients. She was formerly a law professor, and graduated second in her law school class back in 1997. She formerly worked for some of the largest defense firms in the country, often on multi-million dollar cases. She used to represent large corporations & insurance companies, so she knows their playbook. We are very focused on the highest quality client service, and maximizing the value of every case we handle. We vigorously prosecute serious injury and death cases caused by auto accidents, semi-truck accidents, slip and fall accidents, products & premises liability cases, as well as medical malpractice.
  Related Posts
  • No related posts found.

Add a Comment