Arcia Law Firm Cosumer Matters
 
Consumer Matters is a monthly e-newsletter prepared by The Arcia Law Firm, P.L., and is dedicated to provide you with vital information related to your health, consumer safety, and improved quality of life.  This newsletter will also provide you with recent verdict and settlement information in personal injury, medical malpractice, and other related legal matters.  Feel free to forward this newsletter to friends, family and colleagues that may be interested in its content.  If you would not like to receive any future copies of our informative newsletter, you may unsubscribe below where indicated.

The primary concern for an accident victim filing a personal injury claim is undoubtedly how much compensation they will receive to pay for their injuries and other problems. But, this is probably the most difficult aspect of every claim to figure out because each case is unique and its settlement value is based on individual circumstances. Here is an overview of how insurance companies calculate a case's worth.

What compensation covers

To figure out how much money your claim entitles you to, first you must understand what damages are covered by compensation. Typically, the person who is found liable for an accident has liability insurance coverage, and the insurance company pays the victim for:

  • Medical costs.
  • Lost wages due to the inability to work or time spent outside of work in rehabilitation.
  • Long-term disabilities and permanent scarring or disfigurement.
  • Lost social and educational activities.
  • Emotional damages (e.g., stress, embarrassment, depression).
  • Property destruction.
Calculating compensation

A novice would assume that calculating compensation is as simple as adding money spent on bills with money lost from being absent from work. However, when you take pain and suffering and other lost experiences into consideration, there is no way to pin a dollar amount on those. Accounting for such nondescript damages is why a special formula became a necessity.

When claim negotiations commence, an insurance analyst adds up all medical costs relative to the injury. These "medical special damages" serve as the foundation for determining how much to pay the victim for pain, suffering, and other nonfinancial losses referred to as "general damages." When the injuries are not too serious, the analyst multiplies the special damages total by 1.5 or 2. Contrarily, when the injuries are more severe, the special damages figure may be multiplied by as much as 5. In extraordinary cases, they could be multiplied by an amount as great as 10, but the injuries must be lifelong and extremely debilitating. Once the final special damages number has been reached, the analyst adds all lost wages to it. This total is the value at which negotiations begin between the insurance company and the claimant.

Percentage of fault

The degree of blame that falls upon a defendant's shoulders is the most important element in determining the amount of compensation an insurance company will pay out. Deciphering fault after an accident is far from precise, but in the majority of claims, the victim and the insurance representative can deduce whether the defendant is entirely accountable, the victim is to be completely blamed, or the victim is slightly liable. Once this is agreed upon, the verbal assessment is assigned a numeric value as a percentage falling between zero and 100 percent. A percentage is taken from the sum from the previous step, and this becomes the value of the claimant's settlement that the insurance company is willing to pay.

A Florida auto accident attorney will help you understand the process of how an insurance settlement is calculated so that the insurance adjuster does not try to take advantage of you.


Medical malpractice, a common cause of wrongful death, is a major problem in our country's hospitals; more than 225,000 people die from injuries related to medical malpractice on an annual basis.

When someone dies as a result of another person or company's negligence, it is considered a wrongful death. Important aspects of a wrongful death case that need to be taken into account include:

  • What the cause of death was.
  • Who is strictly responsible for the fatality.
  • Who can claim the wrongful death.

Relatives, brothers and sisters, or other members of the decedent's estate who have experienced a large financial setback as a result of the wrongful death are typically the ones seeking a wrongful death claim.

There are a variety of situations in which someone can die a wrongful death. Some of them include:

  • Surgical malpractice
  • Medication errors
  • Bacterial infection
  • Birth injury
  • Dental malpractice
  • Diagnosis error
  • Negligence
  • Automobile accidents
  • Personal injury accidents
  • Occupational accidents
  • Harmful or defective products
  • Negligence

You may have an opportunity to file a wrongful death lawsuit if:

  • You have a considerable loss of income and benefits after the person's passing.
  • You lose your inheritance due to the death of the individual.

Some common side effects that may affect someone who has experienced the wrongful death of someone dear to them include:

  • Monetary loss
  • Grief
  • Loss of companionship

We are available to discuss your rights if you, a friend or loved one has been injured in an auto accident, or is the victim of medical malpractice. We also accept cases involving a slip & fall, wrongful death, product liability, business and real estate disputes.  Please call us today for a free consultation at 1-800-757-9805, email us at info@arcialawfirm.com, or visit our website www.arcialawfirm.com and complete our Free Evaluation form. 

Our Firm accepts and handles personal injury, medical malpractice and other legal matters in Pembroke Pines, Miramar, Davie, Cooper City , Ft. Lauderdale, Plantation, Sunrise, Coral Springs, Lauderhill, Weston, Southwest Ranches, Sunrise, Margate, Oakland Park, Hollywood, Lauderdale Lakes, Hallandale, Dania, Pembroke Park, Wilton Manors, West Palm Beach, Pompano Beach, Miami, Coral Gables, North Miami, Aventura, Sunny Isles, Bal Harbour, Hialeah, Miami Lakes

There are thousands of
wrongful death every year due to medical malpractice that are either unfiled or simply ignored.

  • A Harvard Medical Practice Study claims that just one out of eight malpractice victims takes legal action in pursuit of compensation.
  • Research compiled by the Institute of Medicine of the National Academy of Sciences surmises that upwards of 98,000 patients may suffer fatal injuries in hospitals from medical mistakes annually.
  • Each year, 90,000 of the two million hospital patients that obtain an infection end up dying.
  • About eight percent of physicians who have lost at least two cases of medical malpractice have been disciplined by their respective state's medical board.
  • About 17 percent of physicians who have lost at least five cases of medical malpractice have been disciplined by their respective state's medical board.

Medical malpractice cases can be rather complicated, pricey to pursue, and have greater odds of recovering nothing. If you believe you know of someone who has died a wrongful death as a result of medical malpractice, consult with a lawyer who excels in the field of wrongful death as it relates to medical malpractice.


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This publication is intended to educate the general public about personal injury, medical malpractice, insurance, and small business issues.  It is not intended to be legal advice.  Every case is different.  The information in this newsletter may be freely copied as long as the newsletter is copied in its entirety.


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Miramar, Florida 33027
Tel. 1-800-770-7102 Fax 954-438-4312
Email us: info@arcialawfirm.com

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