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If you are the victim of a truck accident, you may be unsure how to go about settling your case. Calculating Boca Raton truck accident settlements is a difficult task that requires a detailed analysis of the facts. Thankfully, our qualified Boca Raton truck accident attorneys are up to the task. Reach out to the legal team at Kogan & DiSalvo to discuss your case.
How Comparative Negligence Affects Settlement Values
Florida’s modified comparative negligence standard is a factor in the settlement amount. For example, if the insurance company determines that the full value of someone’s case is $100, but the injured person was 50 percent at fault for their injuries, it is likely the insurance company would offer to settle for $50, because they consider that the jury would find that the injured person has fault for their own accident.
However, under modified comparative negligence, if the injured person is 51% or more at fault for the accident, they are barred from recovery completely.
Their attorney would help determine the value of their case and what a reasonable settlement amount would be by reviewing their injuries, medical bills, lost wages, pain and suffering, and comparative negligence. Attorneys would also use their years of relevant experience to let a person know the reasonable settlement value of their case based on what a jury typically awards in a similar situation. Although each case is unique, a lawyer is able to tell the settlement value of cases based on jury trends and settlements in similar cases.
Important Considerations When Evaluating a Settlement
An injured person should be realistic about what their case is worth. A settlement has everything to do with the facts of their individual case and nothing to do with outside factors of what is going on in the injured person’s personal life that has no bearing on the case. For example, if someone is injured, but in their personal life they are dealing with a debt, the value of the case is not dependent on how much the person owes to a debt collection company. Just because an injured person wants a certain amount of money to start fresh does not mean that the case is worth that amount. It is entirely dependent on the facts of the case and the injury that they sustained.
Issues During Settlement Negotiations
There are some important considerations when negotiating and calculating Boca Raton truck settlements. If an individual were to accept the personal injury settlement, it may possibly disqualify them from continuing their Medicaid coverage. Any settlement for a veteran or a dependent of a veteran receiving a pension benefit would be affected by a lawsuit settlement, whether it is a lump sum or structure. There are also pension benefits for the surviving spouse or dependent children of a low income deceased veteran. The dependent pension benefits are also need-based and may be jeopardized if the dependent receives a personal injury settlement. Filing bankruptcy could affect their ability to keep their personal injury settlement. A lawyer could help them navigate these issues and others that may affect their settlement or ability to keep their benefits.
How Long Does it Take to Reach a Settlement?
It is impossible to say with certainty the length of time it takes to reach a settlement. Sometimes a settlement may be reached the same day as the person’s collision if the facts warrant it. Oftentimes, the settlement is dependent on the length of treatment. Usually, a case would not settle until the person had finished their medical treatment, which may be many months or years if the person continues to receive treatment or have surgery. The process could be expedited by an attorney through the use of a time-limited demand letter, which the attorney drafts to the insurance company.
By law, any settlement with an insurance company must be paid within 20 days from the date of the settlement agreement. The lawyers at Kogan & DiSalvo could help hold insurance companies to the law and expedite their settlement.
Personal Injury Protection Coverage
Personal injury protection (PIP) is a Florida law that requires that every vehicle owner and driver on the road have $10,000 worth of PIP insurance coverage. PIP benefits are paid by their insurance company if they are in an accident, regardless of who was at fault for the accident. PIP insurance pays for 80 percent of their medical bills and 60 percent of their lost wages up to $10,000. PIP insurance covers any accidents or injuries that involve a vehicle, even if the injured person was a bicyclist or a pedestrian.
Talk to an Attorney About Your Settlement
The dedicated lawyers at Kogan & DiSalvo have years of experience calculating Boca Raton truck accident settlement values. Our legal team could evaluate your case and work towards a favorable resolution that protects your rights. Call today to get schedule a free case review and begin working towards the compensation you deserve.
