After an accident in Florida, the amount of money you can recover depends on several factors and varies significantly from case to case. Forbes estimates an average settlement of $23,900 across all U.S. states. However, compensation ranges from under $10,000 to several million dollars. Do you want to know how much your case is worth?
Schedule a free consultation at Kogan & DiSalvo. Generally, the amount of money you can recover will depend on the circumstances of the accident, the extent of your injuries, and their long-term consequences. When you need a full-service law firm in South Florida that takes cases on a contingency basis, you can trust our team.
An Overview of Florida’s Car Accident Laws
Florida operates under the no-fault insurance system. It requires drivers to maintain personal injury protection (PIP) insurance. Under this system, regardless of who is at fault, your insurance company usually covers your medical expenses and lost wages up to the policy limit.
However, if your injuries are severe, you can step outside the no-fault system and file a lawsuit against the other driver. Those injuries include:
- Long-term or permanent loss of a bodily function, such as bladder control
- Significant scarring or disfigurement, such as burns or the loss of a limb
- Severe injury with a low likelihood of recovery
In addition, Florida is now a modified comparative negligence jurisdiction. The statute allows an injured accident victim to recover damages if they are not more than 50% at fault.
Factors Affecting Compensation in a Florida Car Accident
The factors that can affect your compensation include the following:
- The limits of relevant insurance policies
- The limits of a deceased at-fault driver’s estate
- The strength of the evidence provided
- Whether you seek timely medical treatment
- The percentage of blame assigned to you for the accident or the worsening of your injuries because you did not follow your treatment plan
- The experience of your attorney
The Different Types of Damages in a Car Accident Claim
You may recover two main types of damages after an auto crash: economic and non-economic. Economic damages include quantifiable losses. Non-economic damages, on the other hand, are more subjective. Review some examples of both.
These are easier to estimate because they are tied to objective, monetary losses:
- Medical expenses: These costs could include hospital bills, ambulance fees, surgery costs, medication costs, and rehabilitation expenses.
- Lost wages: You may request compensation for the time you missed from work due to your accident-related injuries.
- Property damages: If your vehicle is damaged in an accident and requires repair or replacement, you may receive compensation to pay for this.
These damages are more difficult to calculate, but they are no less critical to your recovery and the compensation you deserve. Here are some examples of what your Florida car accident lawyer may consider:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
In rare cases, you may also receive punitive damages. They do not directly compensate you for injury or loss. Instead, the goal is to punish the responsible party for their egregiously negligent behavior.
What to Do After a Car Accident to Protect Your Claim
After a car accident, taking steps to protect your claim is crucial, including the following:
- Seek immediate medical attention
- Document the accident scene
- Gather witness information
- Report the accident to your insurance company
- Keeping detailed records of your medical treatment and related expenses.
You should also avoid discussing the accident on social media. In fact, professionals recommend that you only discuss the case with your attorney. Most also agree that you should not admit fault at the scene.
Contact Us at Kogan & DiSalvo for a Free Consultation
We understand the complexities of Florida’s car accident laws. While predicting how much you’ll recover is complex, having dedicated and skilled representation could help ensure you receive the compensation you deserve. If you’ve been hurt in a car accident, schedule a free consultation; there is no obligation to hire us. We work on a contingency basis, so there are no upfront legal fees.