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.
How long do I have to file a Florida car accident claim?
Since Florida is a no-fault state, you can only pursue a personal injury legal claim against an at-fault driver in the event of a serious accident. The deadline (or "statute of limitations") for filing a personal injury or property damage complaint is four years from the date of the car accident ( Sec. 95.11 (3) ).
What is the average settlement for a car accident in Florida?
In a state like Florida that has no-fault insurance laws, the average settlement is likely much less than $18,417. This is because no-fault insurance results in you having much lower out of pocket medical bills. All things equal, less out of pocket medical bills means a smaller car accident injury settlement amount.
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.
Factors to Consider When Determining How Long It May Take to Settle a Car Accident Claim in Florida
Some of the factors that may impact how long it will take to settle your case include:
No-Fault Insurance in Florida
Florida is a “no-fault” insurance state. Each driver’s own insurance company (Personal Injury Protection coverage) pays for their medical bills and lost wages, regardless of who was at fault for the accident. This system is intended to simplify the claims process and help get people back on the road after an accident.
The Settlement Process
The first step in the settlement process is to file a personal injury claim with the at-fault driver’s insurance company. Your car accident lawyer can do this.
Lump Sums versus Structured Settlements
Most settlements for personal injury cases are paid out in a lump sum, which means that the injured party receives one payment for the full amount of their damages. However, sometimes settlements are paid out in a structured settlement, making the payments over time. There are benefits and drawbacks to both types of settlements.
Avoiding Common Mistakes in Florida Car Accident Cases
There are a few common mistakes people make when filing car accident claims in Florida.
We Get You the Compensation You Deserve
At The Fran Haasch Law Group, we understand that no amount of financial recovery can undo what you have been through. However, a fair settlement or jury verdict can ease the financial burden of unexpected medical bills, lost income, and other economic and non-economic damages associated with your accident.
Contact a Florida Car Accident Lawyer Today
At The Fran Haasch Law Group, we are committed to fighting for your fair recovery. We strive to help injured individuals and the loved ones of those wrongfully killed, secure the full, fair recovery they are owed. We offer dedicated legal representation for car accident victims and victims of bicycle, rideshare, and semi-truck accidents.
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. Like most types of settlements, the willingness to settle and the amount offered after a car accident will depend heavily on the evidence supporting your case. For this reason, witness statements, police reports, and other documentation are extremely important in these negotiations.
What is the Average Car Accident Settlement in Florida?
Since the circumstances and damage of each accident are unique, there is no exact formula for calculating a car accident settlement amount . However, there are relevant factors to consider, such as the following:
What is the law on insurance companies?
By law, insurance companies may not engage in unfair or deceptive practices, such as failing to pay valid claims for personal injury protection, or failing to properly investigate a claim ( Sec. 627.736 (11), 634.336 (5) ). However, their primary job is to look out for the business interests of the insurance company, not you. To settle a claim, the insurance company may want you to sign a release which states that you won't file more claims related to the same accident. However, you should not do so until you're satisfied that the settlement is fair and covers your damages, including future medical treatment as estimated by your doctor.
What is the Florida law on comparative negligence?
Whether you helped cause the accident: Florida follows the "pure comparative negligence" doctrine where damages are barred or reduced according to your degree of fault ( Sec. 768.81 (2))
How many miles of coastline is there in Florida?
From Pensacola to Key West, Florida has 1,197 miles of coastline, 11 national parks, and a lot of lakes. Whether you're headed to one of these natural treasures, or on your way to Disney World in Orlando, you'll probably need to get there by car. And unfortunately, car accidents are just as much a part of life in the Sunshine State as they are anywhere else. If you've suffered such a fate, you'll need to know about relevant insurance laws as well as the settlement process and timeline in Florida.
What to do if you are injured in a car accident?
Once you're in a safe spot on the side of the road, you must offer "reasonable assistance" to anyone who is injured and exchange personal, vehicle, and insurance information with the other drivers ( Sec. 316.062, 316.027, 316.061 ). You should also get the names and contact info for any witnesses, document weather and road conditions, and take photographs of the vehicles. Finally, although you should tell the truth to an investigating officer, never assume responsibility for the accident at this point. Even if you feel responsible, the facts might show that you were not actually at fault.
Does Florida have no fault insurance?
Florida has a no-fault insurance system which means each driver's medical bills and related expenses are covered first by his or her own insurance carrier, regardless of fault ( Sec. 627.731 et seq. ). However, for property damage, you can pursue a claim against the at-fault driver's insurance. Every driver must carry at least $10,000 in personal injury protection (PIP) insurance and $10,000 of property damage liability insurance ( Sec. 627.736 ).
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.
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.
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.
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:
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:
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.
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.
Do emergency response teams arrive at the scene of an accident?
There’s a high likelihood that emergency response teams will arrive at the scene of the accident, especially if the accident is severe. You’ll still need treatment, though, if you managed to walk away from the accident.
Can insurance companies deny a car accident?
The insurance firms involved in your case will spend time and money investigating your car accident to determine liability. They may deny liability in the meantime and even proceed to deny your claim.
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.
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.
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.
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.
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):
How long does it take for a car accident to settle?
In general, you can expect settlement negotiations to last at least 2-3 months for a minor accident wherein you sustained “simple” injuries from which you quickly recover fully. On the other hand, if you sustained multiple and/or serious injuries from which recovery is prolonged or even impossible, it may well be a year or longer before your lawyer can convince the other driver’s insurance company to offer you a reasonable settlement.
What happens if the insurance company refuses to pay you a reasonable settlement?
As stated, if the other driver’s insurance company proves to be unreasonable, recalcitrant or otherwise unwilling to offer you a reasonable settlement, your ultimate option may be a jury trial. Broadly speaking, as the lawyers at Cohen & Cohen explain, juries tend to empathize with an injured plaintiff more than with an insurance company whose only purpose is to pay the injured plaintiff as little as possible.
Can a lawyer settle a car accident case?
Unfortunately, however, your car accident lawyer may not be able to give you a straightforward answer. In fact, he or she likely won’t be able to do so.
Is it ethical to accept a settlement offer?
Keep in mind that your lawyer is ethically bound to advise you of all settlement offers. A good lawyer, however, will also advise you of his or her belief that you can do better if you wait a little longer or even, as a matter of last resort, allow him or her to take your case to a jury trial. In other words, the decision to accept or reject a settlement offer is always yours to make. Your lawyer’s responsibility is to make sure you have all the facts necessary to make an informed decision.