Average Car Accident Settlement in Florida (2024)

Following a car accident in Florida, injured accident victims often face multiple financial challenges. Beyond dealing with car damage, there could be mounting medical bills and missed time from work. One source of compensation could come from a settlement from the at-fault party or their insurance carrier. The average car accident settlement in Florida can vary considerably depending on these and other factors.

Liability Determination

One of the most determinant factors for any car accident settlement is liability. Under the state’s comparative negligence rule, fault can be divided among parties. This can significantly impact your settlement amount. If you are found to be responsible for causing the accident, your compensation will be reduced by that percentage of fault.

With the help of an attorney, you can gather clear evidence that strengthens your claim within the state’s legal deadline for filing injury cases. Witness statements, police reports, and photographic evidence can prove that the other party is completely or largely at fault. This can then maximize your settlement.

Severity of Injuries

Another significant factor that can determine your car accident settlement is the severity of your injuries. Compensation is often determined based on the plaintiff’s medical expenses, lost wages, and pain and suffering.

Serious or permanent injuries, such as spinal cord damage or traumatic brain injuries, generally lead to higher settlements due to their long-term impact. Documentation from medical professionals plays a critical role in demonstrating the extent of the injuries and justifying the compensation sought.

Insurance Coverage Limits

Florida’s no-fault insurance system requires drivers to carry personal injury protection (PIP) insurance, but this coverage is limited. The at-fault driver’s insurance policy also plays a role in determining how much you can recover.

If the policy limits are low, even in severe accidents, the settlement may not cover all your damages. Uninsured or underinsured motorist coverage, if available, can help supplement your compensation if the at-fault driver lacks adequate insurance.

Lost Income and Earning Capacity

Following a serious car accident, injured victims could require several days or weeks of recovery time. Not all injuries are recoverable. Some people may suffer temporary or permanent disabilities following a car collision.

Lost wages are key factors for determining car accident settlements. If injuries prevent you from working or lead to long-term disability, compensation will reflect your lost income during recovery and any future earning potential.

If needed, your lawyer can call on testimony from vocational specialists to establish how the accident affected your ability to work. The longer your recovery or the more severe your impairment, the higher the potential settlement for lost earnings.

Pain and Suffering

Compensation can also include what are known as non-economic damages. In cases where the at-fault party engaged in serious misconduct or reckless negligence, pain and suffering can significantly increase the settlement value.

Accident victims may be eligible for compensation for physical pain, emotional distress, and loss of enjoyment of life resulting from the accident. The severity of the injuries, long-term impact on quality of life, and length of recovery can all influence the amount awarded for pain and suffering.

Comparative Negligence

Comparative negligence can determine what percentage of a settlement a plaintiff can recover following agreement on a settlement. Florida’s legal framework for comparative negligence allows victims to recover damages even when they are partially at fault for the accident.

The settlement amount is reduced based on your degree of fault. For example, if you are found to be 20% responsible for the accident, your compensation will be reduced by that percentage. This factor makes it essential to carefully present evidence to minimize any potential assignment of fault to you.

FAQs

What Happens When the At-fault Driver Is Uninsured?

When the at-fault party is uninsured, recovering damages can be more challenging. In no-fault states like Florida, you can first rely on your own Personal Injury Protection (PIP) insurance, which will cover a portion of your medical expenses and lost wages regardless of fault. However, PIP coverage is limited and often won’t cover all expenses, especially in severe accidents.

Is Proving Fault After an Accident Difficult?

Proving fault after an accident can be challenging. Establishing who is liable for causing an accident depends on the specific circumstances of the accident. Evidence will ultimately determine who is at fault because accusations alone are not sufficient to prove fault. Police reports, photos, and careful reconstructions of the events that led to the accident are all factors that must be considered.

How Is Pain and Suffering Calculated in a Car Accident in Florida?

In Florida, pain and suffering are calculated based on several factors. While there isn’t a set formula, courts and insurance companies typically consider the following elements. The more serious and long-lasting the injury, the higher the potential compensation. The length and extent of medical care required, including future medical needs, are also key factors that can determine the final pain and suffering figures.

Do I Have to Accept a Settlement Offer?

You do not have to accept a settlement offer, although failure to reach an agreement over a settlement could mean your case has to go to trial. Your attorney can be a trusted ally when it comes to legal counsel on whether you accept a settlement or not. Ultimately, that decision is yours and yours alone.

How Much Are Most Car Accident Settlements?

Car accident settlements can vary widely. While many people consider factors like the extent of car damage and bodily harm involved in a case, the quality of your attorney can also be a significant factor. An experienced personal injury lawyer understands how to calculate compensation and then fight to win that amount through a settlement.

Schedule Your Car Accident Settlement Consultation Today

To better understand what your eventual settlement can look like, consult with a trusted law firm. Floridians know they can trust The Frank Santini Law Firm when it comes to claiming favorable settlements. Our founding attorney will work tirelessly to secure you the maximum compensation allowable under the law.

Your settlement could include compensation for lost wages, bodily injury, future medical treatments, and more. To schedule your consultation, contact our office today. Let us help you recover the damages you may be entitled to.