It is not easy to get back on your feet after a car accident, especially if you have suffered a serious injury. You could be owed hundreds of dollars in compensation for the injuries, lost wages, property damage, and pain and suffering that you sustained in a car accident.
Most people will wonder, “what compensation might I get in a lawsuit over my car accident?” The answer is that it depends on the extent of the damage and the amount of losses that you suffered in the car accident. There is no ‘average’ settlement amount, and the compensation that you receive will vary depending on factors such as insurance policies, the severity of the injuries, and the nature of the car accident. In addition, people need to meet certain criteria in order to file a third-party claim for injuries sustained in a car accident according to personal injury law in the State of Florida.
At The Law Place, we have over seventy-five years of collective experience when it comes to managing car accident settlements for clients who live across the State of Florida. Our law firm has the necessary knowledge and resources to handle your car accident settlement and work to achieve the compensation that you deserve.
If you have any questions in regard to your car accident settlement, then you should speak to a car accident lawyer now. The phone lines to our office 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.
Car Accident Laws in the State of Florida
The State of Florida works as a no-fault state. Every individual must carry personal injury protection (PIP) insurance because this is the first place you must turn to secure compensation after a car accident. Once the personal injury protection (PIP) insurance has been exhausted, then a person can seek compensation from the insurance company of the at-fault party.
The Law Place has an in-depth understanding of insurance laws and car accident laws in the State of Florida, and we can help you to win the compensation that you deserve. Call us to set up a free consultation now.
For a free legal consultation, call 941-444-4444
Steps You Should Take After a Car Accident
It is important that you know what to do in the aftermath of a car accident, especially if you want to protect your legal rights. We highly recommend that you follow these steps:
- Stay at the scene – It is imperative that you stay at the scene of a car accident. If you are at risk of injury, then you should move to a safer place that is close to the location of the car accident.
- Check for injuries – You should check yourself and other people to see if they have sustained an injury.
- Call an ambulance – You must pick up your phone and call an ambulance to the scene of a car accident in the event that you or someone else suffered an injury.
- Call the police – Florida Statute 316.062 states that you have to call the police to the scene of an accident. A police officer will investigate the location of the car accident and file a report that will help your personal injury claim later.
- Collect evidence – It is important that you try to collect evidence at the scene of the car accident, such as taking photographs of the location, damage to motor vehicles, road marks, injuries, and more.
- Eyewitnesses – You should ask for the contact information of the people who witnessed the car accident because they could be willing to offer a statement that will help your personal injury claim.
- Go to the hospital – It is essential that you seek medical treatment at the hospital as soon as possible, even if you feel like you did not suffer an injury.
- Notify your insurance company – You must call your insurance company to inform them of the car accident immediately. Keep the conversation to a minimum and do not share the details of the accident. If you do not feel like talking to your insurance company, then you can ask a car accident lawyer to speak to your insurance company on your behalf instead.
- Hire a car accident lawyer – A car accident lawyer from The Law Place will assist you with the car accident settlement and help you to win the maximum amount of compensation that you deserve. Call our law firm to set up a free consultation now.
Determining Car Accident Settlement Amounts
The amount of money that you could be owed in a car accident settlement will depend on the specific information of the accident. A car accident can range from a minor fender bender to a serious accident involving property damage or personal injuries.
If a car accident did not cause an injury, then the settlement amount is likely to be much less than the settlement amount that you would receive for a car accident that results in serious injury and damage to property.
When a driver is involved in a car accident, they are required to call law enforcement immediately, especially for an accident that resulted in either property damage, personal injury, or death. If you plan to file a personal injury claim, then you should document all types of information in regard to your car accident:
- Medical expenses.
- Costs to repair your motor vehicle.
- Lost wages.
- Other financial losses.
The above information is crucial when it comes to determining the amount of money that you could win in a car accident settlement.
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Insurance Policies in the State of Florida
The average amount of a car accident settlement can range between $10,000 to $60,000 in the State of Florida. However, the settlements vary depending on a number of factors. The most important factors that will affect the value of a car accident settlement are the severity of the injuries and the power of the legal representation involved.
It is essential that you have the right car accident lawyer on your side. They will be the ones to guide you through the legal system and win the compensation that you deserve.
No-Fault Insurance Policy
If you are seeking to file a car accident claim, then you must understand the no-fault laws in the State of Florida. The no-fault laws require people to seek coverage through their own automobile insurance provider when they have sustained an injury in a car accident.
The first step is to always call your own automobile insurance provider, regardless of the severity of the injury. You should call them once you have sought medical treatment, contacted the police, and consulted with a personal injury lawyer.
The no-fault laws state that you can begin to receive compensation from your insurance company before it has even been determined who was at fault for the accident. More information on no-fault laws can be found in Florida Statute 627.7407.
Personal Injury Protection Policy (PIP)
All drivers are required to have at least $10,000 in Personal Injury Protection (PIP) insurance. Insurance coverage is important for seeking an initial payout or reimbursement after a car accident.
Through your Personal Injury Protection (PIP) insurance, you will be eligible to receive:
- Up to 80 percent of medical expenses.
- Up to 60 percent of lost wages.
- $5,000 in death benefits.
- Reimbursement for travel and visits to the doctors.
This is all up to the maximum of your policy limit. However, you must seek medical treatment within 14 days after the accident in order to receive coverage for medical expenses related to your accident. More information on Personal Injury Protection (PIP) insurance can be found in Florida Statute 627.736.
Caps on Damages Awarded
A damage cap refers to the legal limits on how much compensation you can receive in a personal injury case. The most common damage caps are usually on punitive damages in a car accident claim. In simple terms, punitive damages can be awarded as a way to punish or deter the dangerous behavior of the person who was at fault for the accident.
The cap on punitive damages is no more than a three times multiplier of the amount of compensation awarded, or a maximum of $500,000. However, there are a few exceptions to the rule, and you should consult with a personal injury lawyer.
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Florida Auto Insurance Laws
The auto insurance laws in the State of Florida include:
- Drivers must have at least $10,000 in Personal Injury Protection (PIP) insurance – The individual’s Personal Injury Protection (PIP) insurance will pay medical bills at 80% up to the coverage minimum of $10,000. If the limits of the insurance policy have been exceeded, then the at-fault driver is responsible for all of the individual’s pain and suffering and remaining economic damages.
- Drivers must have at least $10,000 in Property Damage Liability (PDL) insurance – The Property Damage Liability (PDL) insurance will pay for the property damage of the other party in the event that you or someone else driving your motor vehicle caused the accident.
- Compensation for non-emergency injuries is limited to $2,500 – If you suffered an emergency injury in an accident, then you are entitled to the full policy limit. An emergency injury can cause a serious risk to your health, impairment of bodily function, or dysfunction of a part or organ of the human body. However, if you suffer a non-emergency injury, then you are entitled to compensation up to $2,500 under Personal Injury Protection (PIP) insurance.
- An injured person must receive medical attention within 14 days – If you were involved in a car accident, then you must seek medical attention as soon as possible. You might think that you are fine at first and you do not feel like going to the emergency room. However, if you do not visit the doctor within 14 days after the accident, then your Personal Injury Protection (PIP) insurance will not apply.
- An injured person can file a third-party claim or lawsuit for serious injuries only – If you only suffered a minor injury in a car accident and you are expected to fully recover, then you cannot file a third-party insurance claim or personal injury lawsuit (you can only receive compensation through your Personal Injury Protection (PIP) insurance). However, if you were seriously hurt in a car accident, then you should talk to a car accident lawyer about seeking compensation from the at-fault driver.
Steps in a Personal Injury Lawsuit
We have listed the most important steps in a personal injury lawsuit below. However, we also strongly advise that clients take the time to document and preserve evidence after an accident.
Document and Preserve
- It is your responsibility to write down everything that happened in the car accident, including what, how, when, and where.
- You should also collect the information of witnesses at the scene of the car accident.
- Report the car accident to the official authorities.
- Take photographs of your injuries, damage to property, and the scene of the accident.
- Call a personal injury lawyer from The Law Place before making a statement to an insurance company.
Personal Injury Lawsuit
- Free consultation at The Law Place.
- A personal injury lawyer will conduct an investigation into your case.
- A demand settlement that outlines your case, damages, and liabilities.
- Filing a personal injury lawsuit in the event that the demanded settlement is not accepted.
- Discover further evidence for the case.
- Negotiating with the insurance companies involved in an effort to avoid going to trial.
- Taking the case to trial in order to win a fair amount of compensation.
Compensation in a Car Accident Claim
Economic Damages
- Medical bills – You can be compensated for past, present, and future medical bills, including visits to the doctor, hospitalization, surgery, rehabilitation, physical therapy, prescription medication, and much more.
- Lost wages – You can be compensated for lost wages, a reduced earning capacity, and future lost earnings since you have been unable to work as a result of a serious injury.
- Property damage – You can be compensated for damage to your motor vehicle or other property after an accident.
Non-Economic Damages
- Pain and suffering – You can be compensated for a reduced quality of life and other forms of pain and suffering such as physical pain, emotional anguish, mental distress, fear, depression, and not being able to perform the activities that you used to enjoy since the accident.
- Wrongful death – You can be compensated for the loss of a loved one in an accident by filing a wrongful death claim under Florida Statute 768.21. Compensation includes funeral expenses, medical bills, pain and suffering, property damage, lost wages, and much more.
Reason to Hire a Personal Injury Lawyer
The State of Florida is a no-fault state, which can leave many people who were involved in a car accident at a disadvantage. Insurance companies are quick to settle an accident claim, and they often pay much less than a person deserves after an accident.
It is important to hire a personal injury lawyer as fast as possible. A personal injury lawyer will be your strongest advocate, and they will negotiate with your insurance company in order to ensure that you are fairly compensated.
Statute of Limitations for Car Accidents in the State of Florida
You have four years from the date of a car accident to file a lawsuit under the statute of limitations in the State of Florida.
The deadline is another important reason to hire a personal injury lawyer as soon as possible after an accident, even if you did not have symptoms of an injury at first. In many car accident cases, an injury can take a few months to manifest after an accident has happened.
Insurance companies will always have legal representation when it comes to protecting their best interests following an accident, and you should have a personal injury lawyer looking out for your best interests too.
More information on the statute of limitations can be found in Florida Statute 95.11.
Contact The Law Place Today!
If you or someone that you love were involved in a car accident, then you deserve to be compensated for all of your injuries and damages in the State of Florida. It can be difficult to navigate the legal system on your own, and you should find strong legal representation to help you determine the worth of your car accident case.
At The Law Place, we have over seventy-five years of combined experience and knowledge in fighting car accident settlements throughout the State of Florida. Our law firm is highly trained to deal with accident cases ranging from car accidents, motorcycle accidents, truck accidents, and much more.
If you are struggling to find the answers to your questions following an accident, then you should call our office now. A car accident lawyer from our law firm will talk you through the process of filing a car accident claim, and they will help you to build a strong case. If you choose us to represent your case, then we will work hard to secure the maximum amount of compensation for all of your medical bills, lost wages, property damage, pain and suffering, and more.
Contact The Law Place on (941) 444-4444 to schedule a free consultation today.
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