When you have been involved in a car accident, the related bills and other costs can accumulate very fast in the State of Florida. The costs usually include medical expenses, lost income, property damage, pain and suffering, and other losses. It is completely understandable that you might feel overwhelmed in the days that follow a car accident, and you should consider hiring a car accident lawyer to help you recover the compensation that you deserve.
However, you are probably wondering, “how long does it take to settle a car accident case?”. Only a car accident lawyer will be able to answer this question with accuracy as soon as they collect all of the facts of your case.
At The Law Place, we have over seventy-five years of combined experience when it comes to helping clients understand the laws surrounding car accident claims in the State of Florida. Our law firm has an in-depth understanding of traffic law, and we will explain the process every step of the way.
If you have questions in regard to a car accident case, then you should seek legal counsel with a car accident attorney now. Our phone lines are available twenty-four hours a day, seven days a week.
Contact The Law Place on (941) 444-4444 to schedule a free consultation today.
General Timelines for a Car Accident Claim Settlement
Insurance companies have a limited amount of time to respond and either accept or deny a car accident claim in the State of Florida.
If all of the parties involved come to a settlement, then the insurance company has up to 20 days to pay the claim under Florida Statute 627.4265. However, Florida Statute 627.736 declares that the insurance company has up to 30 days to pay a personal injury protection claim.
The settlement timeline for a car accident claim largely depends on how long it takes for insurance companies to receive certain information in regard to your case. We will discuss the information and factors in this article.
Factors to Consider When Determining How Long It May Take to Settle a Car Accident Claim in Florida
- A Lawsuit – If the other driver or the insurance company admitted fault, which leads to a dispute, then the lawsuit will resolve the case.
- Medical Treatment – The length of time that it takes for you to complete medical treatment.
- Unable to Agree on a Settlement – If the insurance company cannot agree on a settlement and refuse to give you a reasonable amount.
- The Right Personal Injury Lawyer – If you hired a personal injury lawyer with the right experience and knowledge so that your car accident case is not delayed.
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Why Some Car Accident Claims Take Longer to Settle in Florida
- Legal or Factual Issues – If liability is difficult to prove or the insurance company thinks that your car accident claim is not valid, then it can take longer to resolve. Another possible issue is when a reckless or negligent driver is involved.
- Amount of Money – Insurance companies are known to avoid paying out a large amount of money for people who were involved in car accidents. In many cases, an insurance company will make you wait longer so that you give up and accept less compensation than you deserve.
- Recovery Times – If your recovery process has not been completed yet, then it can be challenging to determine the overall costs of your injuries.
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How Will a Car Accident Lawyer Prove Liability?
It is necessary that you hire a car accident lawyer with the necessary skills and resources to prove liability for your car accident case. A car accident lawyer will prove the four points of negligence:
- Duty of Care – All road users have a legal responsibility to drive safely and abide by the rules of the road.
- Breach of Duty – If a driver is caught being reckless or careless on the road, then they have breached their duty of care.
- Causation – If the careless or reckless actions of a driver resulted in a car accident, then they could be held liable for your injuries or losses.
- Damages – A car accident lawyer will work hard to demonstrate the losses that you suffered in the car accident caused by the careless or reckless driver.
Florida Statute 768.81 outlines the negligence laws in the State of Florida. It is important that you seek legal counsel with a car accident attorney as soon as possible after a crash. A car accident attorney will discuss your personal injury claim in-depth and negotiate with the insurance companies involved to make sure that liability is proven.
From the initial call to updates on your case status, we are here to get you answers.
What to Do After a Car Accident
It is important that you know what to do after a car accident, especially if you have been injured and you require medical treatment. The Florida personal injury lawyers at The Law Place recommend that you take the following advice at the scene of the car crash:
- Move to Safety – If you are in danger at the location of the accident, then you should move to safety.
- Check for Injuries – If you or someone else were hurt in a car accident, then you should pick up your phone to call an ambulance.
- Call the Police – Florida Statute 316.062 requires you to use your phone to call the police to the scene of the accident. Once a police officer makes it to the accident scene, they will file a police report of the crash (remember to get a copy for your records).
- Contact Details – You must collect the contact details of the drivers involved in the car accident, including their names, phone numbers, addresses, insurance information, vehicle registration numbers, and more.
- Collect Evidence – If you are physically capable, you should try to collect evidence at the scene of the car accident by taking pictures and videos of the crash site, road marks, motor vehicles, property damage, injuries, and more.
- Go to the Hospital – You have a responsibility to go to the hospital and seek medical treatment immediately after an accident. It is important that you see a doctor, even if you think that you did not suffer an injury. There are plenty of injuries that hide beneath the surface and do not develop signs until days or weeks after a crash. Florida Statute 627.736 explains that you will be exempt from recovering compensation for injuries unless you go to the hospital within 14 days after an accident.
- Insurance Company – Your insurance company requires you to tell them about a car accident straight away. You are given a certain amount of time to tell your insurance company about an accident (the exact time is written in your policy). However, try to avoid telling your insurance company about the details of your car accident because they will use your words against you. You can also ask your Florida car accident attorney to speak to your insurance company instead.
- Hire a Car Accident Lawyer – It is important that you seek legal representation with a reputable law firm after you have been injured in a car accident in the State of Florida. The Law Place will discuss the details of your car accident case and help you to win the compensation that you deserve. Call our office to schedule a free consultation now.
Injuries Sustained in Car Accidents
An injury sustained in a car accident can lead to extensive medical bills and other related losses. It is important that you hire a car accident lawyer with the necessary experience and knowledge to help you with your Florida car accident case. The car accident lawyers at The Law Place have managed hundreds of car accident cases involving injuries such as:
- Burns and scars.
- Fractures.
- Whiplash.
- Joint, bone, and muscle injuries.
- Head injuries.
- Soft tissue injuries.
- Spinal cord injuries.
- Internal organ damage.
- Permanent disability.
- Disfigurement.
- Loss of limbs.
- Paralysis.
- Traumatic brain injuries.
The Law Place will work closely with your doctor to determine the maximum medical improvement of the injuries that you suffered in the car crash. We want to make sure that we recover the compensation that you need to cover all of your medical bills and other losses. However, if we cannot agree on a settlement with the insurance company, then we will go to court with your case.
Methods of Recovering Compensation After a Car Accident
It might seem like a complicated process to recover compensation after a car accident. However, the right personal injury attorney will make the process as easy as possible for you to understand. A personal injury lawyer from The Law Place will explain all of the possible methods of recovering compensation after a crash.
- Personal Injury Protection (PIP) insurance – All road users have a responsibility to hold personal injury protection (PIP) insurance coverage to cover medical bills, lost wages, and other losses up to a certain amount, regardless of the person who was at fault for the car crash. Florida Statute 627.736 explains the personal injury protection (PIP) insurance laws.
- A Negligent Driver’s Insurance – If someone else is proven to be at fault for the car accident, then you could hold them liable for the medical bills and other losses that exceed the limits of your personal injury protection (PIP) insurance policy.
- An Auto Accident Lawsuit – If you have serious injuries, then you should consider filing a car accident claim against the at-fault party by hiring a car accident lawyer and going through the civil court system.
The Law Place will work hard to develop your case by gathering all of the relevant facts and information so that we can negotiate for the maximum amount of compensation that you deserve. We will explore all of the possibilities to claim compensation through your personal injury protection (PIP) insurance coverage, the other driver’s car insurance company, and by going to court with your case.
Compensation for Car Accidents in the State of Florida
There are two different categories for recovering compensation – economic damages and non-economic damages.
Economic Damages
Economic damages are determined by looking into bills and invoices.
- Medical Bills – The costs of hospitalization, visits to the doctor, surgery, medical equipment, physical therapy, rehabilitation, prescription medication, and more.
- Loss of Income – The costs of the money you lost due to not being able to work, a reduced earning capacity, and future lost earnings.
- Property Damage – The costs to repair or replace your motor vehicle, mobile phone, clothes, and other property damage.
Non-Economic Damages
Non-economic damages cannot be determined by referencing bills or invoices.
- Pain and Suffering – Compensation for a reduced quality of life, including emotional distress, mental anguish, physical pain, post-traumatic stress disorder (PTSD), depression, and other forms of pain and suffering.
- Wrongful Death – Compensation for the loss of a loved one in a car accident includes funeral bills, medical expenses, lost wages, property damage, pain and suffering, and more. Florida Statute 768.21 explains wrongful death laws.
2023 Updates: Modified Comparative Fault and Statute of Limitations in Florida
In 2023, Florida introduced significant updates to its legal system, particularly affecting the areas of modified comparative fault and the statute of limitations for personal injury cases. These changes are crucial for residents and legal practitioners alike, as they impact how personal injury and car accident cases are handled within the state.
Modified Comparative Fault
The principle of comparative fault allows for the distribution of fault among parties involved in an accident. In 2023, Florida refined this principle, impacting how damages are awarded in personal injury and car accident cases. Under the updated law, a plaintiff’s compensation is reduced by their percentage of fault in the incident. However, if the plaintiff is found to be more than 50% responsible, they are no longer eligible to receive any damages. This update underscores the importance of establishing clear evidence in personal injury cases and highlights the need for skilled legal representation to accurately assess and argue the degree of fault.
Statute of Limitations
The statute of limitations sets the maximum time after an event within which legal proceedings may be initiated. In the 2023 updates, Florida has adjusted the statute of limitations for personal injury cases to two years. Previously, individuals had four years from the date of the incident to file a lawsuit. The recent changes have shortened this period, emphasizing the urgency for accident victims to seek legal counsel and file claims promptly to secure their right to compensation.
If you’re dealing with the aftermath of a personal injury or car accident in Florida, understanding these 2023 updates is crucial. Contact The Law Place today to learn more about how these changes may affect your case and how we can assist you in navigating the legal landscape under the new regulations.
How The Law Place Can Assist in Settling Your Car Accident Case in Florida
At The Law Place, we understand the complexities involved in settling a car accident case in Florida. Our dedicated team is committed to fighting for a fair settlement on your behalf while ensuring the process moves forward efficiently. We believe in maintaining open and transparent communication, keeping you fully engaged and informed throughout the entire process.
Our approach involves a thorough evaluation of your case, including an assessment of the accident details, review of medical records, and negotiation with the other driver’s insurance company. We understand the importance of a fair compensation that covers all your damages and losses, and we are relentless in our pursuit of justice for our clients.
We also recognize the value of your time and peace of mind. Therefore, we handle all the legal complexities and challenges, allowing you to focus on your recovery. Our team works diligently to streamline the settlement process, employing strategic negotiations and leveraging our extensive experience in Florida car accident cases to advocate for your best interests.
At The Law Place, we also prioritize keeping you updated and involved in your case. We provide regular updates and are always available to answer your questions and address your concerns. By partnering with us, you gain a supportive ally who is dedicated to securing the compensation you deserve while ensuring the legal process is as smooth and stress-free as possible.
If you’re navigating the aftermath of a car accident in Florida, The Law Place is here to help. Contact us for a consultation, and let us take the first step together towards achieving a fair settlement for your car accident case.
How Long Does It Take to Settle a Car Accident Case in Florida? FAQ
What factors influence the duration of a car accident settlement in Florida?
Several factors can affect the timeline of a car accident settlement in Florida. These include the complexity of the case, the severity of injuries (serious injury), the clarity of fault, the amount of fair compensation being negotiated, and the responsiveness of the other driver’s insurance company. Additionally, the completeness of medical records and the need for accident reconstruction specialists can extend the time needed to reach a settlement.
What is the typical timeline for car accident settlements in Florida?
The timeline for car accident settlements in Florida can vary significantly. While some car accident victims may reach a settlement within a few months, more complex personal injury cases can take a year or longer. The duration largely depends on the specifics of the case, including negotiations with insurance companies and the gathering of essential documentation.
How does filing a personal injury lawsuit affect the settlement timeline?
Filing a personal injury lawsuit can extend the timeline of a car accident settlement. Once a lawsuit is filed, the case enters the legal system, which can prolong the process due to court schedules, legal procedures, and additional negotiations. However, a Florida car accident lawyer can help navigate this process efficiently, aiming to secure fair compensation without unnecessary delays.
Are there any specific challenges in Florida car accident cases that can affect the settlement time?
Florida is a no-fault state, meaning that each driver’s insurance claim covers their injuries regardless of who was at fault. This can complicate the settlement process, especially if there’s a dispute over the extent of a serious injury or the coverage limits. Additionally, dealing with multiple insurance companies and legal representatives can add time to the settlement process.
How can an experienced lawyer expedite my car accident settlement in Florida?
An experienced lawyer can significantly impact the timeline of your car accident settlement. They can expedite the process by efficiently gathering medical records, negotiating with the other driver’s insurance company, and leveraging their knowledge of Florida car accident cases to advocate for your best interests. Additionally, they can handle the legal aspects, allowing you to focus on recovery.
What are the financial considerations, like legal fees, in a car accident settlement?
Most Florida car accident lawyers work on a contingency fee basis, meaning they only collect legal fees if you win your case or settle outside of court. This arrangement allows car accident victims to pursue their claims without upfront costs. Discussing fee structures and expectations with your attorney beforehand can provide clarity and peace of mind throughout the settlement process.
Where can I find more information about car accidents and settlements in Florida?
For more detailed information about car accidents and settlements in Florida, you can explore car accidents blog posts and resources. The Law Place offers a variety of informative blog posts that cover different aspects of car accident claims, personal injury cases, and legal advice. Additionally, The Law Place offers a free consultation to discuss your specific case and provide guidance on how to proceed with your claim.
Contact The Law Place Today
If you have questions or concerns about a car accident, then you should consider speaking to a car accident attorney. We will guide you through the legal system with skill and efficiency. Our phone lines are open twenty-four hours a day, seven days a week.
Contact The Law Place at (941) 444-4444 to schedule a free consultation today.
