There is no average settlement for a car accident because dozens of unique factors affect each case. Because the circumstances of your accident and injuries are unique, it is impossible to put a price on your accident-related expenses and losses without first investigating what you endured and how much it cost you.
Read on to learn more about auto accident settlements and how a Florida car accident attorney with our firm can help you pursue fair compensation for your damages.
Damages Included in the Average Car Accident Settlement
Florida is a no-fault insurance state. Therefore, according to Florida Statutes § 627.736, drivers must carry personal injury protection (PIP) insurance, which pays for medical expenses and a portion of your lost wages after a car accident, no matter who caused the crash. You usually cannot seek additional damages with a liability insurance claim or personal injury lawsuit against a negligent party until you exhaust your PIP coverage.
The damages recoverable in a third-party claim against an at-fault driver may include the following:
- Medical costs that exceed your PIP and compensation for treatments not covered by your auto insurance
- Future medical care costs, including ongoing treatments, long-term nursing, rehabilitation services, or life care expenses
- The total value of your lost wages and employment benefits, not just a percentage
- Diminished earning capacity
- Repair or replacement of your vehicle and other personal property damages
- The cost of replacement services for household duties you cannot perform because of your injury (such as cleaning, laundry, or cooking)
- Compensation for physical pain, emotional distress, mental anguish, inconvenience, and loss of enjoyment
- Wrongful death damages if the accident victim passed away because of their injuries, including funeral and burial expenses, loss of the deceased’s income, support, and society, and survivors’ mental pain and suffering
Factors that Go into Determining a Car Accident Settlement
Because every traffic accident and its consequences are vastly different, there is no average settlement for a car accident in Florida. However, a personal injury lawyer with our firm can help you understand the potential value of your case by investigating your collision and taking the time to learn more about you, your injuries, and how they affect your life and finances.
Some variables that we will consider when evaluating your damages and building your case include:
The Extent of Your Injuries and Their Effect on Your Overall Well Being
Car accidents resulting in severe and catastrophic injuries often lead to higher settlements than those involving less serious medical problems. For example, if you have a spinal cord injury, traumatic brain injury, or permanent injury, you will likely have significant medical bills now and in the future, which will increase the value of your case.
In addition, more serious injuries can cause more physical and emotional pain over a longer period of time and more inconvenience to your daily life. Therefore, you can seek greater compensation for pain and suffering, disability, and reduced quality of life.
Your Vehicle and Personal Property Damages
You can seek the cost of repairing your damaged vehicle. The higher your repair bills are, the more you can recover as part of your car accident settlement. If the damages are a total loss, we can pursue your vehicle’s fair market value. You can also seek the cost of repairing or replacing other damaged personal items, such as cell phones, laptops, prescription eyeglasses, or jewelry.
Lost Wages And Work Benefits
No matter what kind of work you do, a serious injury can keep you home for a long while. Even if you can work, you may have to go on light duty or restrict yourself to part-time hours, greatly reducing the paycheck you bring home every week. In extreme cases, you may no longer be able to work at all.
You could seek damages for your lost wages and reduced ability to earn income in the long term. Factors that can affect your wage compensation include your age at the time of the accident, your current earnings, the value of our employment benefits, and how long your injuries affect your work capabilities.
Liability for the Collision
You can only recover compensation from a liable driver if you can prove their negligent actions caused your collision and crash injuries. Examples of negligent driving behaviors include:
- Drunk driving
- Speeding
- Making an improper turn
- Passing illegally
- Traveling in the wrong lane
- Failing to obey traffic signals and road signs
- Tailgating
- Driving distracted
- Texting and driving
We can prove your case and establish negligence using evidence like police reports, witness statements, dashcam and surveillance video, and expert testimony. We can also defend you against allegations that your behavior contributed to the crash. This is important because Florida’s comparative negligence laws recently changed, making it harder for plaintiffs who bear fault to recover compensation.
According to HB 837, you can no longer pursue damages if the court finds you more than 50 percent liable for your personal injury. Insurance companies know the law, so this will also apply to your settlement.
The Involved Parties
While most car accident insurance claims involve a liable driver, sometimes other parties can be all or partly responsible for your accident. Other potentially liable parties may include:
- A driver’s employer, such as a commercial trucking company
- A local government entity or private roadway owner if your crash involved negligent road conditions
- A manufacturer if your wreck resulted from a defective auto part, such as a blown tire or faulty brakes
You can pursue compensation from the above parties’ liability insurance policies—and if the liable party is a commercial entity, they may have a higher policy limit. Therefore, your compensation could vary depending on who is paying for your damages. If multiple entities are at fault, we can help you with claims against all those financially responsible.
How Long do You Have to Seek Auto Accident Compensation in Florida?
According to HB 837/SB 236, you have two years to file a personal injury lawsuit in Florida. It is important to note this deadline because it has recently changed. Previously, you had four years to file your case. The shortened window makes it even more vital that you start your claims as soon as possible so you have time to investigate your accident and negotiate a settlement before time runs out.
If the statute of limitations expires, the court will usually refuse to hear your case. In turn, removing the threat of legal action takes the teeth out of your bargaining power, which will likely result in a denied claim or reduced settlement. We can help you get started immediately.
Can Working With a Car Accident Lawyer Increase Your Settlement?
Hiring legal representation does not necessarily mean you will get a higher car accident settlement. However, working with our firm can provide you with an experienced legal advocate who will fight for the maximum compensation possible for you and your family.
We will provide the strong representation and responsive legal care required to aggressively pursue a fair settlement or court award based on your accident-related damages. We will negotiate with the insurer and reach a just settlement on your behalf, or we will take legal action and take your case to trial.
The best part is that we handle the entire process every step of the way. You worry about getting better. We take care of everything else. We can:
- Speak with medical professionals to determine the nature and extent of your injuries
- Help you calculate the amount of income you have lost because of your injuries, as well as income you are likely to lose in the future
- Examine the facts of your accident to identify any and all contributing forms of negligence
- Speak with you to understand all of the negative ways in which your accident affected your life to help us achieve a fair settlement for your pain and suffering
- Draft and file your insurance claims
- Speak with insurers, defense lawyers, and opposing parties to negotiate a settlement
- Take your lawsuit to trial if necessary
- Defend your rights throughout the legal process
We have a clear mission: to prove negligence and obtain the compensation you need and deserve.
Contact The Law Offices of Anidjar & Levine for Help With Your Car Accident Settlement
If you or a loved one suffered injuries in a Florida car accident, an attorney from the Law Offices of Anidjar & Levine can help you understand your rights and legal options. You may be eligible to hold the at-fault driver liable for their negligence and recover compensation in addition to your PIP coverage.
Contact us today to schedule a free consultation. We can evaluate your case to help you understand what damages you can pursue. We represent personal injury clients on contingency, so there is never an upfront or out-of-pocket fee for our services.
We want to put our knowledge, experience, and resources to work for you.