FREE
CONSULTATION

Nou Pale Kreyòl - Hablamos Español
Falomos Portugês

injury firm logo registered trademark

      

How Much Do You Get for Pain and Suffering in a Car Accident?

After you have been hurt in a car accident, you may want to know exactly what you are entitled to for your pain and suffering. By talking to a Fort Lauderdale car accident lawyer, they can help you to know what your next steps will be. You need a Fort Lauderdale car accident lawyer to handle this type of case as they will have the knowledge and experience that is needed to get you what you deserve.

The reality is that insurance companies have their own approach to calculating the values of a pain and suffering or personal injury claim. These calculations include the compensation for any medical bills, your lost wages, as well as some money to help with your pain and suffering. By reading on, you can see how to calculate the value of the claim using 2 different approaches: the per diem method and the multiplier method.

Per Diem Method

Also known as the “daily rate” method, this is the money that is assigned for every day or week that you had to suffer from your injury after you were in a car accident. Should you have medical bills of about $5000 and a lost income of $1000, this adds up to $6000. 3 months have passed by, this can end up calculated to a daily value of $200. If you were injured for 3 months, you would use this calculation of $200 x 90, to get a total of $18,000. This is just an overly simplified version of the calculation so that you can get a better picture of what this calculation is.

If you decide to take the per diem approach, you will need to validate your calculations otherwise you won’t win the money you need. In the above scenario, if you made $200 a day at work, then you can use this as your valuation of pain and suffering. You need to state your case as to the reasons for this amount of money, otherwise your case won’t even be considered.

Multiplier Method

The multiplier method is one of the most commonly used approaches to calculating pain and suffering claims. This approach takes your medical bills from the car accident as well as the lost wages and then multiplies it by 3. Again, using a similar example from the last section, the sum of your actual damages is about $6000. You can multiply these damages by the number 3 to get a total of $18000.

The problem with this approach is that insurance companies are hesitant to just giving up this kind of money as this isn’t a reasonable approach to quantify a person’s pain and suffering damages. Instead, the approach is to now take any actual damages then multiply that amount by a specific figure that is calculated by specialized software. This typically will undervalue your claim. The multiplier depends on several factors including how serious your injuries are, your recovery time, and any other aggravating circumstances. What this means is that a fender bender is less “valuable” than a car accident where you suffered from injuries that required several surgeries.

A more serious injury will end up with a multiplier of 3 or 4, whereas minor accidents only have a multiplier of 1 or 2. However, there are some circumstances where the multiplier will be a lot more than that, such as if the other driver that caused the accident was intoxicated. On the same idea, if you were partially responsible for the car accident, the insurance company will use a lower multiplier.

It is a bit more complex than just that. The type of treatment that is received after the car accident will impact the multiplier. There are some cases where the injury claimants receive an excessive amount of medical treatment in order to get more money for their injuries. One example is when people seek out several months of chiropractic care and physical therapy for a very minor injury. Insurance companies are unwilling to consider these treatments as part of your medical bills when calculating your claim for pain and suffering.

It is recommended that you do not seek out extra medical treatments just to get more money from the insurance company. This will backfire on you, leaving you to pay for all of those extra medical bills and not allowing you to get the compensation that you deserve.

The Final Value

The most effective approach to calculating a car accident personal injury claim is to use both the per diem and the multiplier method. This is an estimated figure that can help you to temper your expectations based on several factors, like the severity of the claim, if other people were injured, if you were out of work for an extended period of time or even laid off due to your injuries, and if there is any permanence of your injury.

When you add up all of these different factors, this can help you to create a reasonable value for your personal injury claim. If the per diem approach offers a value of $30,000 and the multiplier has a value of $18,000, you can assume that your estimated figure is about $24,000. If you have a limp, had several surgeries, or broke a bone, you can add some additional money to that estimated figure. If you suffered a minor injury or if you were partially to blame for this injury, you can subtract money from this figure.

After you have decided on an estimated figure that you are comfortable with, you will have a starting point before you get involved with settlement negotiations. That’s when you can get into writing out your demand letter. It can be beneficial to you to have a car accident lawyer look at your claim to help you out through this process. The car accident lawyer can let you know what expectations are realistic and help ensure that you get the most for your personal injury claim. After a car accident, you are going through enough. You need to make sure that you have a successful pain and suffering claim.

E-Scooter Personal Injury Attorney in Fort Lauderdale

using electric scooter on the streets

When it comes to technology, it can be separated into two categories; essential and luxury. In the medical field, we’ve seen some sensational new technology enter the market and it has the potential to save lives (or at least make lives more comfortable). On the other hand, we’ve welcomed the rise of smartphones, tablets, and even gadgets in our vehicles. Recently, it has been e-scooters making the headlines.

As we all know, the roads have been getting busier over the years. With this in mind, many commuters have made the switch to e-scooters to get around Fort Lauderdale. In case you haven’t seen them, they stick with the classic two-wheel scooter design but they’re electronically operated. Whenever you need to get from point A to point B, just hop on, take advantage of the motor, and allow the e-scooter to carry you.

E-Scooter Increase in Popularity

In recent months, e-scooters have been capturing the imagination in Fort Lauderdale and it now means we have companies setting up e-scooter stations. For example, the likes of Lime, Bolt, and Bird allow users to download their special app. From here, the scooters can be unlocked for a small fee and ridden around the city. Typically, the apps will charge a certain amount per mile or minute of riding time.

The general manager of Lime Florida, Jed Fluxman, has noted how 48,000 miles were covered in their first three weeks of operation. In this short period, 14,000 unique riders took advantage of the e-scooters whether they were travelling to work, meeting up with friends, or perhaps just wanted to ride around.

Risks of E-Scooters

On the one hand, we have to praise the companies and their users for reducing their carbon footprint. At a time where we need to be consciously looking after our planet, deciding to take an e-scooter to work rather than drive or even using public transport should be praised. However, on the other hand, there are risks and dangers that come with e-scooters in Fort Lauderdale.

Firstly, the riders themselves are putting themselves at risk because they may not be required to wear a helmet. If we look at the wider trend across the United States, even cities and states that require cyclists to wear helmets don’t have similar laws in place for those riding scooters. Considering these scooters are available to everybody, those with little experience are at risk of falling off, losing control, or otherwise having an electric scooter accident.

Furthermore, riders are encouraged to use the scooters in the street or on bicycle pathways since they can actually travel up to 15mph (24kph). Yet, this hasn’t been the case in Fort Lauderdale just yet. Since some riders have admitted their concerns for riding on the street due to other vehicles, there has been collisions and accidents with pedestrians.

Sadly, there are a number of ways an e-scooter accident can occur. For example;

  • The scooter could malfunction, and the rider could be thrown into other vehicles, pedestrians, or suffer a nasty fall.
  • A negligent driver could ignore, fail to see, or disrespect the scooter rider on the road.
  • The scooter rider could be careless and cause injury to a third party.
  • The scooter rider could trip or fall while on the scooter (a problem exacerbated by the lack of helmet).
  • The scooter may be left in an unsafe location causing a third party to slip, trip, or fall.

As a reliable and professional attorney, we, at The Injury Firm, can tell you that the number of calls regarding electric scooters is increasing. If you’ve experienced an injury as a direct result of an electric scooter, we urge you to get in touch with us immediately. In recent times, we’ve carefully studied the introduction of e-scooters and feel comfortable with the regulations that govern this particular area of law.

Potential Injuries with E-Scooters

Ultimately, the injuries we see with e-scooters are similar to those that have existed for cyclists for generations. When in a collision, there’s nothing to protect scooter riders. Considering that they’re probably not braced for a collision, you can probably imagine the damage that can be caused.

When riders take the scooter onto the sidewalk illegally, this puts all pedestrians in danger too. If the rider loses control or travels too fast along the sidewalk, there’s little a pedestrian can do to avoid an e-scooter accident. Suddenly, they have somebody (and the scooter) hurtling towards them with very little protection.

With this in mind, we’ve seen the following injuries;

  • Sprains
  • Strains
  • Facial injuries
  • Bruises
  • Cuts
  • Lacerations
  • Head injuries
  • Fractures of the collarbone, arms, and wrists

As soon as the rider starts taking more risks or riding without due care and attention, the potential injuries become worse. For example, we’ve seen cases where two people were riding the scooter with neither wearing a helmet. Elsewhere, adults have allowed their child to ride while some scooters are left abandoned in the middle of sidewalks. During busy periods of the day in Fort Lauderdale, this causes chaos.

E-Scooter Accident Medical Costs

While some collisions and accidents only cause small scratches (and a little embarrassment!), others are more serious and require a lawyer. If you’ve experienced any of the injuries listed above, you probably required medical attention. Not only will medical assistance be required initially, the more severe accidents also require long-term help.

For example, a recent case saw a victim paying for a visit to the emergency room, a stay at the hospital, x-rays, and more. When riders collide with vehicles, there’s also a potential of surgery. Normally, this is just the start because the recovery period will require physical therapy and all sorts of rehabilitation.

Just as we’ve seen with cyclists through the years, a small number of cases will also leave the victim with permanent disabilities as a result of contact to the head. Sometimes, they need round-the-clock care either temporarily or for the rest of their lives. As you can see, the dangers of e-scooter accidents are severe.

If you or a family member has been forced into finding the money for medical bills, it’s important you contact an attorney who can seek the compensation you deserve. In these types of cases, the victim should never be crippled financially when there’s a clear party to blame for an accident. With our support, you can build a case that yields compensation and allows you to recover in the right way.

Liability with an Electric Scooter Accident

If you contact an e-scooter lawyer (well, a specialist in the field at least!), the first thing we need to do is find liability. It’s easy to blame the scooter or the rider since they’re new to the roads, but not all cases will have the rider as the guilty party.

In previously months, we’ve certainly seen riders disobeying traffic laws and causing unnecessary risks with their riding. However, many riders follow the laws of the road and just want to utilize this fantastic new method of getting around Fort Lauderdale. In these cases, they may be injured by a negligent driver in the traffic lanes or while crossing intersections.

Unfortunately, we can’t ignore the prevalence of aggressive driving, distracted driving, drunk driving, speeding, and various other problems on the road. With this being a problem for many years and still no end in sight, this is one of the reasons why some scooter riders are worried about riding in the street.

In some cases, the liability may not fall with the e-scooter rider or another driver. No, we’ve also seen faulty scooters, malfunctioning brakes, and even problems with the road itself. While a car can normally navigate lumps and bumps in the road, they are far more pronounced for those on scooters. With a slight bump in the road, this can cause the rider to lose control and injure themselves.

As we’ve mentioned previously, The Injury Firm is experienced in this growing field and this is important when assessing liability. Once you contact us, our job will be to assess the facts of the electric scooter accident before then identifying who is reliable. Without this key piece of information, compensation will be impossible to recover so this is likely to be the first step.

How Can The Injury Firm Help?

In the coming months, it seems as though e-scooters are only going to become more popular so it’s important a precedent is set for these types of cases. If you’ve been injured as a rider or a pedestrian, we have the resources and skills to recuperate compensation for medical bills, lost wages, and even pain and suffering.

Of course, you have the option to go it alone. However, in this new field, the guilty party may find some way out of paying compensation and this isn’t what we want for the industry. Instead, we can compile the facts of the incident, investigate the accident scene, and build a case likely to yield compensation. Whether this is in the form of a settlement or a court case, we have the resources to take it wherever it needs to go for the result you desire.

After an accident, the only thing you should be concentrating on is recovery. While you rest and allow your body to recover from the injuries (or even just the shock), we’ll dig deeper into the case and assess liability. In some cases that we’ve seen, the driver of the vehicle speeds off after being involved in an accident. Rather than giving up and dealing with the costs yourself, contact us and we’ll do our best to identify the driver through CCTV, eyewitness reports, and more.

When to Contact an Attorney

For an electric scooter accident in Fort Lauderdale, you have to keep in mind the statute of limitations. Set at two years, it’s always best to contact an attorney as soon as possible after your injury. The sooner you reach out to The Injury Firm, the more chance we have of building a strong case. Over time, evidence evaporates, and it can be hard to contact eyewitnesses and gather important information.

For this reason, we take all the hassle out of the process. With a free, no-obligation consultation, you can talk to us about your accident and start the conversation towards compensation. If we decide to take on your case, we’ll work with passion and determination. What’s more, you only pay after the case has been successful - it comes with NO RISK!

Frequently Asked Questions:

Bus Accident Lawyers - Fort Lauderdale

When it comes to public transport in Fort Lauderdale, the bus is one that allows us to move from point A to point B while not having to worry about parking and also helping the environment by taking one car off the road. In terms of accidents, buses are relatively safe compared to some modes of transport but they can occur due to a number of factors.

Whenever a bus accident occurs, injuries can affect the driver just as much as the passengers. What’s more, other motorists and pedestrians can also get caught up in the incident and today we’re going to discuss how Florida law works in terms of bus accidents and making compensation claims.

Finding Liability - When a bus accident occurs, an investigation will be carried out by the insurance company in addition to the police authorities; the bus company could also launch their own investigation. Though all three of these will be slightly different, they’ll all have the same goal of finding liability and assessing the fault factors. These days, there are some common causes of bus accidents;

  • Drivers under the influence of drugs or alcohol
  • Fatigued drivers who shouldn't be behind the wheel
  • Overloading the bus
  • Drivers with a lack of training or screening
  • Buses that haven't been maintained and are in poor condition

Also, we should point out that not all bus accidents are the fault of the bus or their company because pedestrians and other road users can also be to blame. Before liability is found for drivers, or the bus company, these factors will need to be assessed and the cause of the incident found. From here, all compensation claims will be affected by these factors.

Unique Risks - Compared to motorcycles and cars, the risks are lower for passengers but they’re unique. As a result, this can present certain dangers and there are two main examples. Firstly, the safety devices seen in trucks, sedans, and SUVs aren't required on a bus. For passengers, they haven't got seat belts nor do they have access to helmets or airbags. Therefore, there’s a risk of personal injury as soon as a collision is experienced.

Secondly, the risk of the bus tipping over is also much higher than with any other vehicle. Although buses are stronger, their natural design would be a lot wider but they’re forced thinner to fit onto the road. In extreme weather conditions and some accidents, the bus could easily topple over.

For all compensation claims after Florida bus accidents, these unique risks will always be considered whether it’s passengers, pedestrians, or other motorists who’ve been injured.

How to Claim - In any bus accident, the claiming process can be difficult without a professional because you aren't sure of how it works, what you need to do, what you need to avoid, and the best practice for achieving the best compensation. Not only will the paperwork be endless, it can often be beyond the understanding of the layperson and one simple mistake can have compensation limited in an instant.

At all times, we recommend leaving the filing process to people with experience and the right skill set to guide you through the process step-by-step. Although compensation will never be guaranteed, even with the most reputable personal injury lawyer in the world, having this help will increase your chances of seeing success significantly.

After experiencing an injury, the last thing you need is trying to wrap your head around all sorts of laws and regulations (let alone the wording!). If you damaged your car, you wouldn't learn how to fix it yourself when there are professional garages who fix cars for a living; the same applies for lawyers.

Depending on the accident in question, different scenarios can play themselves out and there are three main occurrences;

#1: Other Road Users - If a driver of another vehicle is to blame for the incident, a third-party claim can be placed with their insurer. If you’ve been injured, you’ll be looking to recover lost income, medical expenses, and possibly some others too.

#2: Private Bus - What is the driver is at-fault with a private bus company? Well, the claim will normally go to the company or even the insurer. As you work with the lawyer, they’ll assess the best option for your particular circumstance.

#3: Bus Driver - If the driver is to blame in a regular bus service, this is where things can get complicated. As you may know, the majority of school district buses and public transportation buses are owned by the government and its many entities. Therefore, the case needs to be handled carefully and in the right way. For the government, they’re used to dealing with these issues since nearly 38% of all bus fatalities come from school bus incidents.

If your compensation claim is denied, you need to file a lawsuit with the appropriate court and this is something with which we can help. Unless you have full knowledge of this corner of the law, time to prepare the documents, the skill to take on the guilty party and win, and knowledge of how the court process works, a reliable lawyer is advised. In the past, we’ve seen thousands of people choose to go it alone and the success rate for these people is incredibly low.

Filing Against the Government - If, for example, we assume the bus involved in the accident is owned by the State of Florida, what does this mean for your case? Although it can be complicated, your claim will need to include the public body or particular employee you’re claiming against. From here, full details of the incident will be required along with the contact information of the individual claiming.

Depending on the jurisdiction in the State of Florida, there may be a statute of limitations and this rule lays out the time one has to file a claim after an incident. As long as the claim is filed in time, there will be no prejudice to either side during the claim. If it’s been a while since your incident, make sure your personal injury lawyer knows so they’re aware of the time-frame you’re working with.

When filing against the State of Florida and its agencies, employees, or instrumentalists, there are some important considerations to remember;

  • A compensation claim can be filed if somebody has been injured by a government agency (or an employee) as long as the injury was a result of negligence, omission, or a wrongful act.
  • Within the Florida Statutes Section 768.28, the State can waive their right to sovereign immunity and agree to be a respondent in a lawsuit. However, this is only available for the torts listed in the Act.
  • As we see with the majority of negligence cases, losses should be recovered with monetary damages.
  • If the guilty party (an individual) would have been liable as a private party, they’re also liable as a government employee.

If you’re unsure of the limitations Florida laws place on certain compensation claims, feel free to get in touch with The Injury Firm today and we can answer your most pressing concerns. When an injury is caused by a bus accident in Florida, you’re able to receive compensation if negligence can be proven and it all starts with a call to one of our bus accident personal injury experts!

Frequently Asked Questions:

Construction Zone Accident Lawyer

As you drive through Fort Lauderdale, or Florida in general, you’re likely to come across yellow signs that say ‘Road Construction Ahead’. Immediately, the body is filled with dread because construction on the roads lead to delays, backups, and all sorts of other issues; whether you’re driving to/from work or taking any other trip, it isn't an ideal sign to see. Unfortunately, construction zones can sometimes be a hub for incidents and accidents too.

In the past, we’ve seen car accidents in construction zones as well as cases of construction workers getting hit while trying to do their job. At The Injury Firm, we’ve seen it all and our experience means we can help those who have been injured in this type of personal injury. In truth, it doesn’t matter whether you collided with another motorist or perhaps you’re a worker without the workers’ compensation coverage. Based in Fort Lauderdale, our construction zone personal injury lawyer specialists will discuss your legal options with you before then working towards the damages you deserve for the pain and suffering.

Causes of Construction Zone Accidents

When it comes to highway construction zones, they have a reputation for being incredibly dangerous and this is no wonder considering 2017 saw thousands of injuries in addition to several unfortunate deaths in Florida. Ultimately, there can be several reasons for a construction zone car accident.

On the highway, the road will be rearranged with temporary signs, jersey barriers, and traffic cones. Sometimes, three/four-lane roads can be cut right down to a single lane and this leads to impatient and aggressive driving from those in a rush to reach their destination. Elsewhere, you also get drivers who lack the attention of signage and new road markings. With this combination on the road, you quickly get rear-ending and side-swiping with vehicles. Although less common, some drivers also fail to slow down and allow construction vehicles to enter/leave the site. Despite all these causes, it can even just be a case of confusion at times. Below, we have some more causes;

• Construction debris on the road
• Uneven traffic lanes
• Poor markings
• Speeding
• Road rage
• Poor visibility
• Inattentive flag attendant
• Workers entering the traffic lanes

 

Types of Construction Zone Accidents

 

As part of the Department of Transportation (DOT), the Federal Highway Administration (FHA) is in control of all highway construction zones. In 2014, the FHA reported a death count of 669 in these work zones and this accounted for 2% of all roadway fatalities in the US that year. Due to the reasons we’ve already seen above, the types of accidents can vary from side-swipe collisions to cars hitting construction vehicles, rear-end crashes to collisions with equipment or debris.

Construction Zone Worker Injuries

 

Sadly, construction zone accidents account for up to 3% of all workplace deaths each year. Since 2005, the numbers have been falling and this is great news but there is still work to do for all involved. With 199 fatalities for roadway construction workers in 2014, this was a decrease of around 13% from the year before. Of these 199, 48% were due to back-overs or run-overs while 14% each fell to getting stuck between equipment/vehicles and colliding with vehicles or mobile equipment.

For regular employees who have been injured on a roadway construction site, they’ll be able to file a workers’ compensation claim. However, this is a problem for many since they work independently as contractors or may not be eligible for workers’ compensation. If you fall into either of these categories, we urge you to get in touch with The Injury Firm. As construction zone accident lawyers, we’ll do all the hard work on your behalf and create a case that allows you to recuperate compensation.

Named FDOT’s Work Zone Fatality Reduction Strategies, the Department of Transportation in Florida has actually launched a program that includes public service announcements, Motorist Awareness System (MAS), an in-depth process of reviewing and training, and temporary raised rumble strips for all necessary operations. Currently, the state is in the top three when it comes to work zone fatalities and these initiatives are an attempt to reduce the problem in the coming years.

Choosing a Construction Zone Accident Lawyer

 

If you’ve been injured in a construction zone, it’s likely that you’ve had to take time off work and pay out for medical attention. If this is the case, our specialists would love to help regardless of whether you were a road user or employee at the accident site. If you were working, the company supervising the site will have had a legal responsibility of safety so we’ll investigate this for you. If the accident was caused by negligence, the guilty party will be liable for your accident.

If you’ve already filed for workers’ compensation, we can still work on a lawsuit if your injury was caused by a negligent, impatient, or irresponsible driver. Over the years, we’ve built the experience and skill set required to get justice for those affected in a construction zone accident.

Contact The Injury Firm - Located in Fort Lauderdale, you can phone 954-951-0000 or browse our website for more information. With an online contact form, you can provide us with the information we need as well as an appropriate time to place a call. After a free consultation, you’ll be under no obligation to choose us but you’ll have all the information regarding how we can help both now and moving into the future.

For an expert construction zone accident lawyer, feel free to get in contact today!

If required, we speak Spanish!

Frequently Asked Questions:

Fort Lauderdale Attorneys: Lost Value of Car After Accident - Diminished Value Claim Florida

From a simple scrape to a head-on collision, cars simply aren't designed for contact which means it normally leads to costly damage. As soon as a car is involved in an accident, its value will decrease instantly and even repairs won’t restore it to the same levels as before the accident. Unfortunately, this is why negligent driving can be so frustrating for the innocent party. If you’ve recently been in this situation, you may be entitled to diminished value claim compensation because of lost value of car after accident..

Despite many areas of law being simplified in recent years, obtaining damages for diminished value of property is still very confusing. For this reason, we highly recommend talking to a professional. At The Injury Firm, for example, we’ve helped many innocent drivers get compensation after property damage and we can utilize this experience to help you too.

The Injury Firm
2000 N.E. 45th Street
Ft. Lauderdale, FL 33308

Phone (954) 951-0000
Fax: (954) 951-1000
Email: info@flinjuryfirm.com

read our google reviews

review us on google

Free Consultation
999-999-9999

  

Fort Lauderdale

2000 N.E. 45th Street
Ft. Lauderdale, FL 33308

Phone (954) 951-0000
Fax: (954) 951-1000
Email: info@flinjuryfirm.com

West Palm Beach

500 South Australian Ave.
Suite 600
West Palm Beach, Florida 33401
(by appointment)

Toll-free: 833-332-1333
Email:< info@flinjuryfirm.com

Boston

71 Commercial Street #40
Merchantile Building
Boston, MA 02109
(by appointment)

Toll-free: 833-332-1333
Email: info@flinjuryfirm.com

  

Disclaimer

The information contained in this website is provided for informational purposes only.  This website may contain information about The Injury Firm's past results, testimonials about the firm or a lawyer within the firm, and statements regarding the quality of The Injury Firm's work product. This information has not been reviewed or approved by The Florida Bar. Please be advised that: 1) the facts and circumstances of your case may differ from the matters for which results and testimonials have been provided: 2) Not all results of cases handled by the firm or its lawyers are provided and not all clients have given testimonials; and 3) The results and testimonials provided are not necessarily representative of results obtained by the firm or by its lawyers or of the experience of all clients or others within the firm or its lawyers. Every case is different, and each client’s case must be evaluated and handled on its own merits.

  

Please publish modules in offcanvas position.