Recovering your <a href=”https://www collaboration tools.melbournelegalteam.com/personal-injury-lawyers/”>personal injury damages as a result of someone else’s negligence can take anywhere between a day, or ten years, with the average being about one year if there is a settlement, or two years if there is a trial.
In an automobile accident, there are two areas of recoverable damages. These are 1. The damages of your property or car; and 2. The damages to your person (otherwise known as Bodily Injury Damages)
Normally, the damages to your vehicle is recoverable through your insurance policy through what is known as – no fault liability law. This varies from State to State, but in Florida, the no-fault liability law is in effect. These claims are usually resolved within a few weeks as the issue of liability is not normally contested and the damages of the car is usually easily ascertained (i.e. to replace a motor we know the costs; but, in a personal injury scenario, the loss of say a hand, it is much more difficult to value).
On a bodily injury claim, in addition to the medical expenses, and value of the harm of the injury (must be a permanent injury), then mental anguish damages apply. Usually, these types of cases take a long time, not only because the Court process is a slow process and clogged with too many cases, it is also slow because usually, the individual should reach what is known as MMI or Maximum Medical Improvement. This can take many months or even years, and it is up to your medical doctor to determine.
Additionally, must personal injury cases settle once the attorneys have had an opportunity to review the actual damages and potential liability of all involved. If a case is settled, it usually results in a more expedient recovery.
Every case is different and every situation is different. Ultimately, a case is settled by agreement of the parties, and if not, then a Judge or Jury determines the outcome. Even if a jury verdict is achieved, payment for your injuries can take additional years due to a slow appellate process.
January 1, 2013
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