Frequently Asked Questions About Florida Car Accidents
Here are the answers to some of the most frequently asked questions our lawyers receive from clients about car accident cases.
What is the average settlement for a car accident in Florida?
Determining the average settlement for a car accident in Florida is difficult because so many factors contribute to a case’s value. Some of the most common factors that can influence your settlement include:
- The severity of your injuries
- The cost of your medical treatment
- Your insurance policy limits
- The value of your lost wages
- Whether you sustained a permanent disability
- The parties involved in the accident
- Whether you share fault for the accident
- The negotiating skills of your attorney
Rather than focusing on the average car accident settlement, it’s better to speak to a car accident attorney about your particular case to learn what it may be worth.
What damages can I recover in a car accident settlement?
After a car accident, the two types of damages you can recover are economic and non-economic damages.
Economic damages are compensation for your losses with tangible value, including medical expenses, lost wages, and property damage. Your PIP claim typically covers medical expenses and lost income up to your policy limit. Property damage liability (PDL) claims cover your costs related to property damage caused by the at-fault party, also up to your policy limit.
Non-economic damages are compensation for your losses with intangible, personal value, including pain and suffering, emotional distress, and permanent disability. You cannot recover non-economic damages through a PIP claim. However, if your injuries meet the state’s serious injury threshold, you can seek these damages through an insurance claim or personal injury lawsuit against the at-fault party.
Maximizing your compensation often involves seeking both types of damages, which an experienced car accident lawyer can handle for you.
How is pain and suffering calculated in Florida?
Florida doesn’t have a set way to calculate compensation for pain and suffering in car accident claims. However, one common way to calculate this compensation is to multiply your economic damages by a number between 1.5 and 5, depending on the severity of your injuries.
More severe injuries (such as traumatic brain injuries and spinal cord injuries) generally lead to more pain, suffering, and other non-economic losses. But calculating a fair value for those losses requires a lawyer with experience handling car accident cases, knowledge of how your injuries will impact your future, and the ability to empathize with you and understand your struggles.
Compensation for pain and suffering can significantly increase the total value of your personal injury claim, so it’s crucial to seek it if you sustained a serious injury.
How much does an attorney charge for a car accident in Florida?
Many Florida car accident attorneys work on a contingency fee basis. This means you don’t pay anything unless your attorney secures compensation for you, making it a risk-free way to receive the legal support necessary for a strong, successful insurance claim.
Attorneys who work on a contingency fee basis typically charge between 33 & 1/3 and 40 percent of your recovered compensation. And any respectable attorney will be happy to discuss their fees with you before you commit to hiring them to handle your case to ensure there are no surprises later on.
Asking about an attorney’s fee structure is something you should always do during your initial consultation.
How long do most car accident settlements take in Florida?
The time it takes for your car accident case to settle depends on various factors, including the severity of your injuries, liability disputes, and whether the insurance company negotiates in good faith.
If you sustained severe injuries, it can be in your best interest not to settle your case until you reach maximum medical improvement. This is the point at which your condition won’t improve with additional treatment. Your lawyer can then more accurately assess your future medical costs.
In some cases, settlements may also take longer due to insurance companies disputing liability, particularly if you must step outside the no-fault system due to serious injuries or property damage. If the insurance companies involved in your case use delay tactics to try to get you to settle for less, that could extend the length of your case.
Depending on these factors, a car accident settlement typically takes several months to a year or more.
Is Florida a no-fault state?
Yes, Florida is a no-fault state when it comes to seeking compensation for injuries following an auto accident. This means you first file a PIP claim with your auto insurer, regardless of who is at fault for the accident.
However, Florida uses a fault-based system to seek compensation for property damage. You must file a claim against the other driver’s insurance company (specifically, their property damage liability policy) to pursue compensation for your vehicle repair bills.
Should I call a lawyer or insurance first?
The first call you should make following a car accident is to the police. The police should come out to the scene and file an official accident report so you can obtain a copy for your insurance claim.
Next, you should call a lawyer. A Pensacola car accident lawyer can provide valuable guidance on the steps you should take before contacting your insurance company, and they can even talk to them on your behalf.
Finally, you must report the accident to your insurer to be able to file a PIP claim and seek compensation for your injuries.
What if the other driver is uninsured?
If the other driver is uninsured, that shouldn’t affect your ability to recover compensation for your injuries because Florida is a no-fault state. You’ll still file a claim against your PIP insurance policy even if the at-fault party isn’t insured.
However, if the other driver is uninsured, that could impact your ability to recover compensation for your property damage. Some counties in Florida have fairly high rates of uninsured drivers. And if you get in an accident caused by one of them, you won’t be able to file a claim against their property damage liability insurance to recover compensation.
Fortunately, you can still file an uninsured motorist claim with your insurer if it is included in your policy. Uninsured motorist coverage provides compensation when the at-fault party either doesn’t have insurance or flees the scene and cannot be identified.