Here’s a step-by-step guide to the settlement process:
- Step 1: Contact the authorities Florida car accident laws demand that you call the authorities after a wreck when...
- Step 2: Seek medical attention (if necessary) After you have called the police and answered their questions, you should...
- Step 3: Consult a car accident attorney Talking to a knowledgeable lawyer will...
Full Answer
How can I get the most out of my Florida car accident settlement?
An experienced personal injury attorney can help you get the most out of your Florida car accident settlement, whether through a claim with your insurance company, negotiations with the negligent party’s insurance company, or preparing and executing court proceedings.
How long does it take to settle a car accident case?
Basically, we settled the case in less than 9 months after the crash. About 70% of the total settlement was for his pain and suffering. The rest of the settlement was for his medical bills.
What should I look for in a car accident settlement?
Look to see if your health or auto insurance company is also entitled to get paid back from your settlement. If so, you can factor this amount into any potential car accident settlement. Do your research as to how much your injuries are worth. This is the toughest part of the case.
What was the settlement for bodily injury liability in Florida?
We settled for the bodily injury liability coverage limits of $25,000. Location of Accident: Miami, Florida. Date of Settlement: January, 2014. For a young woman who was a passenger in a car that slammed into the car in front of it. Her injuries were cervical, thoracic and lumbosacral spine chronic sprain/strain injuries.
How does a car accident settlement work in Florida?
How Do Car Accident Settlements Work in Florida? In a settlement, the injured person agrees to a payment amount from the insurance company or other driver, and in exchange gives up the right to pursue any further legal action in connection with the accident.
What is the average settlement for a car accident in Florida?
What Is the Average Car Accident Settlement in Florida? The average accident settlement in Florida is about $15,000. When injuries are severe, the average settlement is higher.
How are personal injury settlements paid out in Florida?
Once your attorney has your settlement check in hand, they will deposit it into their trust account. This account is reserved for client funds and cannot intermingle with the funds of the law firm. Once all the liens are resolved, your law firm will collect their fee as a portion of your settlement.
How long does it take to settle a car accident lawsuit in Florida?
It will usually take between four to six weeks for a person to receive their personal injury settlement check in Florida. However, this does vary depending on the extent of your injuries and the complexity of the car accident claim.
How is pain and suffering calculated in Florida?
To calculate pain and suffering, Florida juries can consider a variety of factors, including: The severity of your injuries. The limitations your injuries impose on your daily life. Past, current, and future suffering caused by the injury.
How much do lawyers take from settlement in Florida?
For example, in Florida, attorney's cannot charge more than 33 1/3% of any settlement before a lawsuit. In most car accident cases, the attorney only takes a fee on the personal injury claim.
Can my lawyer cash my settlement check?
While your lawyer cannot release your settlement check until they resolve liens and bills associated with your case, it's usually best to be patient so you don't end up paying more than necessary.
How much do injury lawyers take in Florida?
However, personal injury lawyers often take 33.3% of the total settlement if a case settles out-of-court and 40% of the total settlement if a case goes to trial.
How much are most car accident settlements?
The average settlement amount for a car accident is approximately $41,783.00. This figure may be high in comparison to national averages across the United States because the data includes more car accident settlements involving serious injuries.
How long does an insurance company have to settle a claim in Florida?
Florida Statute 627.4265 states that an insurance company must pay within 20 days of agreeing to settle with the other party. However, if they fail to pay by the due date, then they must pay 12 percent annual interest to the claimant.
Can you sue for pain and suffering in Florida?
In a lawsuit, pain and suffering is a type of non-economic damages. Under Florida law, plaintiffs can seek damages for pain and suffering, as well as other non-economic damages. However, with Florida's no-fault system for auto accidents, it's important to understand when you can pursue these damages.
Can you sue for emotional distress in Florida?
Under Florida law, trauma victims can seek financial compensation for emotional distress after all types of accidents. If you have been seriously injured under circumstances in which someone else or a company may be to blame, you may be entitled to compensation.
How much are most car accident settlements?
The average settlement amount for a car accident is approximately $41,783.00. This figure may be high in comparison to national averages across the United States because the data includes more car accident settlements involving serious injuries.
How long does it take for an insurance company to pay out a claim in Florida?
Decision on claim in 90 days: In most cases, insurance carriers will issue a decision on an insurance claim within 90 days. The notice for an insurance claim is often denied or paid within this amount of time or a failure to pay suit can be opened.
Can you sue for pain and suffering from a car accident in Florida?
Yes, Florida does allow accident victims to recover damages for pain and suffering from an auto accident in certain situations. Pain and suffering are considered a “non-economic” damages. Unlike, for example, medical bills, there is no clear monetary value for pain and suffering.
How much settlement should I expect for a herniated disc in Florida?
$74,200 Personal Injury: Future Medical Cost. $20,000 Personal Injury: Past Pain And Suffering. $20,000 Personal Injury: Future Pain And Suffering.
What to do if you are injured in a car accident?
If you were injured in a car accident that was caused by someone else’s negligence, you need an experienced Ocala personal injury attorney handling your claim. Car accident claims are often complicated, and effectively supporting your claim will play an important role in obtaining the settlement to which you’re entitled. The Ocala personal injury lawyers at Meldon Law have the experience and knowledge to help your claim reach its best possible resolution. For more information, please contact us online or call us at (800) 373-8000 today.
What does a settlement offer in Florida mean?
In a Florida settlement, the insurance company (or the other driver) will offer you a settlement in exchange for you giving up the right to bring future legal action regarding the accident. Remember, however: Insurance companies are in the business of turning a profit. Therefore, to ensure the amount is adequate to cover your losses, you should always have an experienced personal injury lawyer review any settlement offers before you accept them. Every car accident is unique, and getting the settlement to which you’re entitled can be quite complicated.
How long does it take to file a crash report?
In these situations, the officer on the scene will file an accident report. When no official report is required or is conducted, you must file a crash report within 10 days.
Is there a no fault car insurance in Florida?
In Florida, car insurance is no-fault, which means that—no matter who’s at fault—your medical and related expenses will first be covered by your own Personal Injury Protection (PIP) insurance policy. For incurred property damage, however, you can file a claim against the insurance of the at-fault driver. If you’ve been involved in a car accident, first seek medical attention, then file your insurance claim as soon as you can. If possible, wait on car repairs until after your insurance company has given you the go-ahead. Because the insurance process can be complicated, you should never hesitate to seek the assistance of an experienced attorney to handle your insurance claims.
What Happens If A Car Accident Settlement Cannot Be Reached?
If your attorney is unable to reach a settlement with the at-fault party’s insurance company, you have the option of taking your case to court. Your attorney can handle every step in the process of filing a personal injury lawsuit and preparing your case for court.
How Will Personal Injury Protection (PIP) Insurance Impact the Settlement Process?
Your PIP insurance will cover your damages, up to the policy’s limit, sustained in the accident regardless of who was at fault. This means if you have been injured in an accident, you will need to file a claim with your PIP insurance provider first.
What Happens After the Insurance Company’s Investigation is Over?
The insurance company may deny your claim once they have concluded their investigation into the accident. But if they believe their policyholder was partially or fully liable, they will make you a settlement offer.
Florida and Personal Injury Protection
can be very unique as a result of the fact that Florida requires personal injury protection for every person driving on the roads. This means that there’s a $10,000 cap and you must file the claim with your insurance company immediately after the accident to cover your expenses.
Settlement vs. Litigation
You may be able to resolve things outside of court with the help of an experienced Florida personal injury lawyer. Your Florida personal injury lawyer can help to manage these settlement negotiations and present you with offers, as well as give you insight over whether or not a particular offer is truly inline with your best interests.
Taking a Settlement Offer
You may be able to resolve your personal injury claim in a settlement outside of court if a fair settlement offer is presented. If any settlement offer is presented to you by the insurance company at any point in time or the other party involved in the case, you can evaluate this and submit a counteroffer back.
What is the Average Auto Accident Settlement Payout in Florida?
Unfortunately, there is no average settlement amount for car accidents in Florida. This is because settlements depend greatly on the unique circumstances of each case.
How Does “No-Fault” Insurance Impact Your Case?
Several other states also use this system. Under this system, your own insurance will cover medical bills and other financial losses regardless of who is at fault. Personal injury protection insurance, also called “PIP,” is required in Florida. There is a minimum amount of insurance that a driver must carry.
Will a Lawyer Help me Get a Bigger Florida Car Accident Settlement?
You might wonder whether you should hire a personal injury lawyer after an accident. Would a personal injury lawyer improve your chances of receiving a larger settlement amount?
The First Step: Filing a Police Report
The first step you should take after finding yourself in a car accident is to move to a safe spot on the side of the road. If the accident has resulted in the death of any persons, injury of any persons, or damage to vehicles or property that amounts to greater than $500, you must immediately contact law enforcement as per Florida Statue Sec.
The Second Step: Hire a Car Accident Settlement Lawyer
With Florida’s PIP laws in mind, once you are home safe from the car accident, it is highly recommended that you contact a car accident settlement lawyer. The professionals at Frank M. Eidson will discuss your options with you, take a detailed account of your injuries, and what type of damage was done to the vehicles involved.
The Third Step: Reporting the Crash to Your Insurance Company & Substantiating the Claim
Legally, you must report the crash to your insurance company as soon as possible. You should seek compensation from your personal injury protection policy after the crash and do not wait on medical attention. If another driver is at fault, you may pursue a liability claim against their insurer for additional compensation.
The Fourth Step: Negotiating a Fair Car Accident Settlement & Acceptance
It is common for insurance companies to make a “low-ball” offer in the hope that you believe that it is fair, as this is in the best interest of the company.
The Fifth & Final Step: A Fair Car Accident Settlement
Once a fair settlement offer has been made to you, you will need to file the paperwork to accept it. If you are using a car accident settlement lawyer like us at Frank M. Eidson, we can help you file the paperwork. The insurance company will then mail the cheque to us, fees and expenses will be deducted, and the rest will be sent to you.
Contact Our Orlando Attorney
If you have been injured in an accident, turn to Frank M. Eidson P.A. Whether your case is a simple collision or a complicated auto wrongful death case, contact personal injury lawyer Frank Eidson today to schedule your free consultation.
How to get the most money from an auto accident?
However, having a big injury is the first step to getting the most money from an auto accident. As soon as possible, you (or your lawyer) needs to preserve any evidence. This includes, preserving any event data recorders (“black boxes”) in the vehicles.
What to do if you have a serious injury?
If you have serious pain, tell a doctor about it . If your doctor does not document your injury in your medical records, do not expect a big payout. You need to know how much your case is worth in order to get the most money possible. This is the toughest step for someone without a lawyer.
How much did Allstate pay for a pedestrian's foot?
Allstate paid $10,000 after a driver ran over a pedestrian’s foot. He claimed a soft tissue foot and ankle injury.
How long do you have to document your lost wages?
If you’ve missed work due to the car accident, you need to document your lost wages. Ask your employer to complete a 13 week wage and salary verification statement. This can be used to prove your lost wages. The above is an oversimplification of how car accident settlements work.
Who insured Sam's car?
GEICO insured the driver (and owner) of the car that hit Sam. Due to pain and swelling in his ankle, the doctor removed the plate and screws. In 2021, GEICO paid us $350,000 to settle Sam’s personal injury claim. You can see the $300,000 car accident injury settlement check below (redacted):
Should I hire an attorney for bodily injury liability?
There was limited bodily injury liability coverage. You should hire an attorney because he or she can look for all available insurance coverage. There may be coverage that you have no idea exists. In one case, I discovered an additional $100,000 in bodily injury liability coverage.
Does Allstate cover a careless driver's car?
Allstate insured the careless driver’s car. However, he only had $10,000 in bodily injury liability (BIL) coverage. Within 8 days of the car accident, Allstate sent me a check for the $100,000 BIL limits. However, I did not want to deposit it.
Settlement Negotiation Tips After a Florida Car Accident
It should be easy to obtain the compensation that you are owed after a car accident, right? Many people do not realize that working with the insurance company is not always cut-and-dry, which means that negotiations will have to take place.
Settlement Tips with the Insurance Company
Never Accept Low Offers: Many individuals believe that they have to accept the first offer that gets thrown their way after a car accident. It is important that you negotiate and never accept the first offer because the first one is typically too low.
Speaking with an Accident Attorney in Florida
After you have been injured in a Florida car accident, you may wonder how you will be able to move forward and receive the compensation you deserve for your damages. A personal injury attorney in Florida will be able to stand by your side and negotiate on your behalf so that you gain the compensation that is owed to you.
What to do if you have been injured in a car accident?
If you or a loved one has been injured in a car accident, getting an attorney should be the first step after seeking medical attention. Besides helping you in negotiations, an experienced Orlando car accident attorney will advise you on the necessary actions to ensure that you succeed at getting fair compensation.
What happens when you file a claim with the at fault driver's insurance?
Once you have filed a claim with the at-fault driver’s insurer, they will assign an adjuster to investigate your claim’s authenticity. This process often includes examining the official traffic crash report, witness reports, and consulting with medical experts and accident specialists.
