After an accident, victims expect fair compensation for medical bills, lost wages, and other damages. However, not all claims result in high payouts.
Some victims receive far less than they need due to various reasons. Understanding these factors can help prevent costly mistakes.
In a city like Bradenton, Florida, with its growing population and active roads, car crashes and personal injury cases happen frequently. Low compensation in claims is often an issue. A personal injury lawyer in Bradenton can help victims navigate the legal process and fight for fair compensation.
In this guide, we’ll look at some reasons why some accident victims get lower compensation in their personal injury claims.
Contents
Inadequate Insurance
One of the main reasons victims receive low compensation is because the at-fault party has limited insurance coverage. In Florida, drivers are required to carry Personal Injury Protection (PIP) insurance, which only covers $10,000 for medical expenses, regardless of fault. If the responsible party has minimal or no insurance, it becomes difficult for victims to recover full compensation.
Comparative Negligence
Florida follows a comparative negligence system, which means compensation is reduced based on the victim’s percentage of fault. According to a 2022 report by the Insurance Information Institute, a significant amount of reported car accidents involved some shared fault. Insurance companies frequently use this negligence to reduce payouts by arguing that the victim was partially responsible for the accident.
No Proper Documentation of Losses
Another reason for lower compensation is poor documentation of financial losses. A personal injury claim covers more than just medical bills. It can also include:
- Lost wages
- Transportation costs to medical appointments
- Property damage
- Pain and suffering
Without receipts, medical reports, and wage statements, victims may struggle to prove the true cost of their losses. Keeping detailed records helps strengthen a claim and ensures fair compensation.
Quick to Accept the First Offer
Insurance companies often make low initial settlement offers, hoping victims will accept them quickly. Many accident victims take the first offer because they need immediate money for medical bills or other expenses. However, these early offers are usually much lower than the actual value of the claim. It’s important to wait before accepting any offer. Negotiating or hiring a lawyer can help secure a higher payout.
Delaying Medical Treatment
Delaying medical treatment after an accident can harm both health and compensation. Insurance companies may argue that injuries are not serious if the victim does not seek prompt medical care. They may also claim that the injuries were caused by something other than the accident. Getting immediate medical attention helps establish the seriousness of the injuries and that they were caused by the accident.
Absence of Legal Representation
Many accident victims handle their claims alone, thinking they can negotiate with the insurance company. However, insurance adjusters are skilled at reducing payouts. Without legal knowledge, victims may accept unfair settlements. Studies show that victims who hire personal injury lawyers receive 3.5 times higher compensation than those who don’t. Legal representation significantly improves the chances of receiving full compensation.
Conclusion
Many accident victims often receive lower compensation in Bradenton, Florida. To maximize compensation, victims should document all losses, seek medical treatment immediately, and work with a personal injury lawyer for the best legal guidance. Taking the right steps can make a significant difference in the final settlement amount.
