Compensation in a car accident claim can vary significantly from one injured party to another. In general, the damages you can collect will include the costs of your medical expenses and lost wages, as well as your pain and suffering and additional non-economic losses.
Even two injury victims involved in the same accident can have different amounts of financial recovery. The best way to understand the value of your car accident case and file a claim with the insurance company is to work directly with an Orlando car accident lawyer.
Economic And Non-Economic Damages in Your Car Accident Claim
After an accident, the economic damages you recover are your financial expenses or losses. The amount of economic compensation you receive can include:
- Ambulance fees
- Medical expenses
- Hospital stays
- Outpatient or inpatient rehabilitation
- Physical therapy
- Adaptive equipment
- Lost wages
- Loss of future wages and benefits if you are unable to return to work
- Property damage
- Out-of-pocket costs
The damages you collect may also include non-economic compensation. These are intangible losses. They include:
- Physical pain and suffering
- Mental anguish
- Emotional distress
- Loss of companionship and love
- Loss of household services
- Costs of increased insurance premiums
- Disfigurement and scarring
- Reputational damage
- Diminished quality of life
These are only a few of the types of economic and non-economic damages you could be awarded as part of your Orlando car accident settlement. If you lost a loved one in a car accident, our wrongful death lawyers can fight for the compensation your family needs and deserves. Find out more about what fighting for a fair settlement during a free consultation.
Pursuing Compensation Outside Florida’s No-Fault Claims System
Florida is a no-fault state. This means that if you are involved in an accident, you are first required to file a claim with your own personal injury protection (PIP) insurance provider. Florida Statutes §627.736 requires drivers who own a vehicle must carry a minimum of $10,000 in PIP insurance to use in the event of an accident, regardless of who caused it.
PIP covers you, your children, members of your household, and any passengers who do not own a vehicle. It pays 80 percent of your medical bills and 60 percent of your lost wages, up to the limits of your policy. The problem occurs when the seriousness of the injuries exceeds the amount provided by your policy. It gets even worse when your injuries prevent you from returning to work and earning an income.
You Could File A Car Accident Claim Against The Other Driver
In this case, you may want to consider pursuing a liability claim against the at-fault driver. To do this, our attorneys will build a case that proves:
- Your injuries meet the serious injury threshold set by the state of Florida; and
- The other driver caused the accident.
Injuries considered “serious” by Florida law include those that left you with physical scarring or disfigurement, permanent bodily injuries, or caused a death.
You must then prove that the driver owed a duty to be careful and that when they breached that duty, they caused an accident that resulted in your serious injuries. To prove negligence, our team gathers:
- Police reports
- Video or still photos from traffic cameras
- Eyewitness statements
- Medical records and doctor’s statements regarding your injuries and treatment plan
Florida Laws That Can Impact Your Car Accident Claim
It is important to be aware that there are limits to the amount of time you have to pursue a lawsuit in the state of Florida. In a personal injury accident, you must file a lawsuit within two years of the date of the accident, in accordance with Florida Statutes § 95.11.
In the event of a wrongful death, the surviving family members have two years from the date of their death to file a lawsuit, according to Florida Statutes § 95.11(4)(e).
If you do not act by the time the statute of limitations runs out, you typically lose the right to pursue compensation.
You should also be aware of Florida’s comparative negligence laws. This refers to the legal standards that Florida uses to determine who is liable in an accident and, if so, to what degree. In Florida, you can collect from an at-fault driver, even if you contributed to the accident. Parties are held responsible for their contribution to the damages and injuries.
This means if you are 20 percent liable for your car accident, you can recover 80 percent of your damages.
Which Parties May Be Liable in My Car Accident Claim?
Yor claim will need to show that someone else’s negligence caused your car accident and injuries. Several parties could have contributed to your accident, depending on how it occurred. Some parties commonly found liable for car accidents include:
- Negligent drivers
- Auto parts manufacturers
- Motor vehicle dealerships
- Maintenance technicians
- Safety inspectors
- Other government agencies
- Other third parties
A thorough investigation into the circumstances of your case will uncover which parties are at fault for your injuries and related expenses and losses you sustained.
Car Accident Injuries For Which You Can Recover Compensation
You can file an insurance claim for injuries you suffered in your accident, such as:
- Traumatic brain injury
- Spinal cord injuries
- Internal injuries
- Facial injuries
- Broken bones
- Back injuries
If you suffered another type of injury not listed above, you may still have the right to financial compensation. The best way to find out what your personal injury claim could be worth is by contacting our personal injury law firm.
The Law Offices Of Anidjar And Levine Wants To Help With Your Car Accident Case
The accident lawyers at the Law Offices of Anidjar & Levine will fight for all the compensation you deserve in your car accident claim and handle the negotiations with the insurance company, taking the burden off you so you can focus on healing.
Contact us today at 1-800-747-3733 for a free, no-risk consultation. We handle cases on a contingency fee basis, which means you owe us nothing unless and until you recover compensation.
We want to put our knowledge, experience, and resources to work for you.
We Can Help.