Getting in a car accident can be a frustrating experience that can become even scarier in the event of a serious injury. In Florida, personal injury law requires people to meet certain criteria in order to file a third-party claim for personal injuries sustained following a car accident.
Following a serious incident, people often question the amount of compensation they can receive through a legal settlement, but the honest answer is that there is no “average” settlement amount.
The amount of money awarded to Florida drivers in a car accident settlement can vary greatly depending on a number of factors, such as the insurance policies involved, the severity of the resulting injury, and the nature of the incident.
Providing an exact amount for your settlement requires gathering information that can best be sifted through and interpreted by a competent team of personal injury attorneys.
If you or a loved one has sustained a serious injury due to a car accident and is having trouble getting compensation, you are not alone. Contact our top personal injury attorneys at Florin|Roebig to get started on securing your car accident settlement today.
Determining Car Accident Settlement Amounts
The process of determining how much money you will be able to get in a car accident settlement relies on specific information about the accident. What one individual calls a “car accident” can look different from person to person, ranging anywhere from a small fender bender to a severe crash resulting in property damage and personal injuries.
For instance, if a car accident is minor without any injuries, the amount you receive is likely to be less than you would receive for an accident that results in major casualties or damage to other vehicles and property.
When drivers are involved in a car accident, their actions often depend on how serious the accident is and the amount of damage caused.
The Five Actions To Take After Getting In A Car Accident To Help With Your Settlement in Florida:
- Take Photographs of the Scene: If you’re able to, take pictures of the scene of the accident. This will provide evidence regarding the position of the vehicles, the damage to the vehicles, and any environmental conditions that are relevant to the incident.
- Write Down the Details of the Accident: Immediately write down the relevant details. This includes the time of the accident, the make and model of vehicles, the names and contact information of the drivers and passengers, and any other roadside debris or evidence that might be important.
- Contact Your Insurance Provider: Don’t hesitate to contact your insurance provider. Keep them informed of any progress regarding the accident, unless you feel like an attorney is better to navigate this situation.
- Seek Medical Treatment: If you were injured in the accident, seek medical attention IMMEDIATELY. Take your medical records either to your insurance provider or the attorney who is handling your case.
- Contact Florin Roeibg: Florin Roebig is one of the top-rated car accident law firms in the state of Florida.
Under Florida law, those who get in a car accident are required to contact law enforcement immediately if the accident was severe enough to result in:
- personal injury
- death
- property damage exceeding $500
Many people who get in minor car accidents, however, do not contact law enforcement. This can be due to a variety of reasons, depending on the situation and those involved.
Regardless of whether you call the police following your accident, it is still important to document all accident-related damages and gather both personal details and insurance information of all drivers involved.
Other information to keep nearby if you plan on filing a personal injury claim includes:
- medical bills
- costs for car repair
- estimated costs for continued care (e.g. in the case of a major accident that has resulted in permanent/chronic injury)
- other financial losses (e.g. lost wages)
This information can prove crucial to determining how much money you will be able to receive in a personal injury settlement.
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Factors That Affect Florida Car Accident Settlements In Florida
The average number stated among Florida law resources for car accident settlements is anywhere from $10,000 to $60,000 or more. As you can imagine, settlement amounts can vary depending on a wide range of factors. Perhaps the most important factors that can affect your settlement value are the severity of your injuries and the strength of your legal representation.
Having the right car accident attorney on your side can be essential in helping you learn how much compensation you may be eligible for and what action can be taken to help lessen your financial burden in your recovery.
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No-Fault Insurance Policy
One of the most important factors to understand when seeking a car accident claim in Florida is the state’s no-fault accident law. This law requires that people who sustain injuries from an accident first seek coverage through their own automobile insurance provider.
Regardless of how serious or minor the accident is, calling your own vehicle insurance provider is one of the first steps you should take after getting in a car accident. In order to begin the process of receiving cost-related coverage, it is important to make this call after seeking medical treatment, contacting the police, and consulting one of our board-certified attorneys at Florin Roeibg.
Under Florida’s no-fault law, you can begin to receive coverage from your insurance before a determination is made as to who was at fault for causing the crash.
Personal Injury Protection Policy (PIP)
In Florida, drivers are required to have at least $10,000 in personal injury protection (PIP) coverage through their auto insurance. This coverage can become very important for seeking an initial coverage payout or reimbursement following a car accident.
Through your insurer’s personal injury protection policy, you should be eligible to receive the following coverage:
- up to 80 percent of medical expenses
- travel reimbursement for visits to doctors
- up to 60 percent of lost wages
- $5,000 in death benefits
This can be helpful for seeking initial financial coverage following an accident. However, there are also several limitations to PIP coverage.
Benefit Limits: Personal injury protection benefits do not exceed $2,500 unless you are determined to have an emergency medical condition (EMC).
Time-Frame For Medical Coverage: To seek coverage for medical costs related to your accident, you must seek medical treatment within 14 days of the accident. Medical treatment sought after this time frame may not be eligible for coverage through your PIP insurance policy.
Not All Damages Covered: Although personal injury protection policy may cover some damages, it does not cover damages related to pain and suffering. This, and other costs not covered by your vehicle insurance, may be recoverable through filing a third-party claim against the at-fault driver with a personal injury attorney.
Caps On Damages Awarded
Damage caps refer to legal limits on how much money you can receive for damages filed in personal injury cases.
The most common damage caps to be aware of in personal injury car accident cases are caps on punitive damages. Punitive damages are damages that can be awarded in order to punish or deter the dangerous behavior of the person at fault under certain conditions.
In Florida, the cap on punitive damages in personal injury cases is generally no more than a three times multiplier of the amount of compensatory damages (e.g. medical bills, repair costs), or a maximum of $500,000 — whichever is greater. There are some exceptions to this rule.
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Filing A Car Accident Claim In Florida
If you’re having trouble securing the amount of compensation necessary to cover costs and damages following a car accident, you may be able to file a third-party personal injury claim against the driver at fault.
To begin this process, it is important to find strong legal representation to help you determine a fair settlement based on the details of your case.
Here at Florin|Roebig, we understand how difficult it can be to navigate this process alone. Our experienced team of attorneys can confidently provide legal advice, negotiate with the at-fault driver’s insurance company and take your case to trial if necessary to pursue a fair settlement for your accident-related damages.
Recovering from a personal injury following a car accident can already be painful enough. Let our results-driven representation at Florin|Roebig help you pursue a personal injury lawsuit to award you the compensation you deserve.
Don’t wait to learn what your settlement is worth. Call Florin|Roebig to get a free case evaluation today.
