If you’ve been in an accident and want to seek recovery for your damages, you might be wondering how to begin the process and what to expect from it. Before you start, there are some things to know about how car insurance settlements in Florida work.
No Two Car Accidents in Florida Lead to the Same Settlement
If you live in Florida, particular laws apply to your situation. Florida lawmakers create these laws with fairness in mind so that everyone has an equal opportunity to protect their rights.
Many personal injury claims are made every year in Florida. Some of these injuries are minor, while others cause serious long-term injuries that impact a person’s quality of life. However, inevitable car accidents lead to different settlements when a victim makes a claim.
For example, there’s a difference between a minor fender-bender and other types of severe car accidents, such as rollovers or head-on collisions. Therefore, the settlement will depend on the circumstances surrounding the injuries and damages that victims experience in their car accidents. Here are some other things to know about car accident insurance settlements in Florida:
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There Is No Average Car Accident Insurance Settlement in Florida
While some injured parties may want an idea of the average car accident insurance settlement amount in Florida, it is hard to give one answer because cases vary according to their circumstances.
Depending on your case’s details, you may receive a smaller or higher amount. Your legal team’s calculated settlement figure is what they’ll try to obtain, but it’s not always what you’ll receive in the end. Many factors can affect the settlement amount. It could be determined by how much the opposing party agrees to pay or how much the judge or jury determines you deserve if the case goes to trial.
Main Determining Factors in Auto Accident Injury Case Settlements
Suppose you’re in an automobile accident. In that case, you may be eligible for insurance money, regardless of who was at fault, whether it’s you or the other driver. Each party’s insurance company will pay for their damages under their personal injury protection (PIP) coverage, as the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) explains. Knowing what you’re entitled to under Florida law can help you negotiate a fair settlement.
Possible Recoverable Damages After a Car Accident
A car accident insurance settlement could help you recover the following damages in Florida:
- Medical costs: You could receive compensation for medical expenses related to the injuries from your accident. This includes payments for medical care, including hospital stays, doctor’s appointments, surgeries, and all ongoing rehabilitative care.
- Lost income: If you missed work because of your injuries, you’re entitled to lost wages from your job and any business income from self-employment.
- Pain and suffering: You can recover compensation for injury-related pain and suffering, but there’s no set rule for what constitutes appropriate damages here. You can consult with a personal injury attorney who can review the type and extent of your injuries and recovery time and assess the financial impact of each.
- Repair or replacement of damaged property: If your vehicle or other property is damaged, you could receive compensation from the at-fault driver’s insurance company up to their policy limits. This includes costs for parts and labor related to either repairing or replacing your vehicle.
- Emotional distress: You may recover damages for any mental anguish or emotional pain resulting from the car accident if the other driver’s negligence or carelessness caused it.
- Replacement services: Your injuries may have affected your income-earning ability, so you may be entitled to recover related out-of-pocket expenses. These may include childcare and housekeeping.
Other Factors to Consider About a Florida Insurance Settlement Claim
Other significant factors also play a crucial role in determining your car accident insurance settlement in Florida, including:
- Shared responsibility: Because of Florida’s comparative fault law, your compensation may be reduced based on your percentage of fault, per Florida Statutes § 768.81. If you’re equally or more to blame than the opposing party, your case may be dismissed.
- Accountability: Depending on whether you or your attorney can prove the at-fault party caused your accident and injuries, your lawsuit could be reduced or dismissed. An attorney can help you gather evidence after your Florida car accident.
- Excessive medical billing: Settlements can restrict medical expenses to what’s considered reasonable. As a result, any unneeded or repetitive tests or treatments may be challenged and not uncovered.
- Advocates for interpleaders: An interpleader may be filed if numerous people were harmed in the same accident, and the liable party can’t financially cover all the losses. When this happens, the court can divide monies among the case’s complainants.
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Contact the Law Offices of Anidjar & Levine for a Free Consultation
There’s a lot to know about car accident insurance settlements in Florida, so if you have questions or think you would benefit from legal guidance, you could work with a personal injury lawyer who understands how state insurance laws work. You’ll also need to be diligent and patient throughout the entire process.
If you or someone you know has been injured in a car accident, you can seek legal from our legal team at the Law Offices of Anidjar & Levine. Call us today at 1-800-747-3733 for a free case review. We’ll be glad to help you.
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