If you’ve been injured in a car accident, truck accident, or any other accident in Florida, you likely have medical bills piling up. You may be missing work, and you may be experiencing a lot of financial pressure as a result. We understand what you’re going through. People call us when they’re in serious trouble and need help. Our job is to help people like you.
When you’re strapped for money and the bills are piling up, you may be wondering how much money your case is worth and whether the at-fault driver’s insurance company will pay enough to cover your missed work and medical bills. Hence, this is a common question we get once people hire us: What is the average settlement for a car accident in Florida?
The answer is not very straightforward: It depends. Each auto accident has unique facts and circumstances that can affect how much the settlement is worth. That’s what this article is all about.
What is a Car Accident Claim Worth in Florida?
The value of a car accident claim in Orlando, Florida is going to depend on several factors. As we mentioned, each car accident is unique, and a unique set of circumstances may warrant a unique award of damages. However, there are several factors that can greatly affect the value of an auto accident claim. Namely, two big questions to ask are (1) who is liable and (2) how much insurance is available?
Who is Liable for the Orlando Car Accident?
When we talk about liability, we’re talking about who caused the accident. In other words, a person who is liable is a person who is responsible or partly responsible for the damages. A negligent or careless person who causes another person’s injury is “liable.”
The first issue is whether the other party was at fault for the car accident. The next big issue is whether you can prove that the other driver was at fault for the car accident.
Florida is a comparative negligence state. Thus, a person may be found to be partially liable for a car accident. If so, the amount of money that person is entitled to may be reduced by his or her percentage of fault, as determined by a jury. Thus, the doctrine of comparative negligence can reduce or eliminate an injured person's right to compensation.
How Much Insurance is Available to the Parties That Were in the Auto Accident?
After we determine who is liable for the car accident, the next big question we ask is this: How much insurance coverage is available? Few people have enough personal assets to warrant pursuing them personally. Therefore, the insurance coverage can be the limiting factor when we’re talking about the value of a car accident in Orlando, Florida. When we’re determining insurance coverage, we consider the following.
Does the At-Fault Driver Have Auto Insurance Coverage?
Often times, the at-fault driver in a Florida car accident will have no bodily injury coverage. As a result, there may not be anything available from that person's auto insurance policy to cover your medical damages. Accordingly, you may have to pursue another avenue of recovery, such as your uninsured motorist coverage. This is a coverage that would be a part of your own auto insurance policy.
Does the At-Fault Driver Have Too Little Insurance Coverage?
Sometimes, the at-fault driver in a Florida car accident will have insurance, but there will not be enough coverage to pay for your medical damages. Again, this is where you would look to your own insurance policy for coverage. Namely, you should check to see if you carry under-insured motorist coverage. Additionally, there may be other at-fault drivers involved in the accident, and those drivers may carry enough bodily injury coverage to pay for your medical bills and damages.
Factors that Determine the Value of a Car Accident Settlement
The value of a given car accident personal injury claim is a factor-driven analysis, and it largely depends on how much insurance coverage available. However, there are many factors that come into play when insurance coverage isn't the limiting factor. Below are some of the more important factors to consider when determining the value of a car accident settlement in Florida.
Your Medical Bills and Medical Records Related to the Car Accident
Your medical bills will provide a foundation for your economic damages. These damages, unlike pain and suffering, have an objective value, and that value is typically spelled out in your medical bills. Additionally, your medical records are going to indicate the type and severity of your injuries. Your medical records will also tell us how much medical treatment you will need in the future and whether your injuries are permanent. The amount of your medical bills and the nature of your injuries will have a big impact on the value of your auto accident case in Orlando, Florida.
Your Lost Wages as a Result of the Car Accident
Another type of economic damages is lost wages. Essentially, we’re talking about how much work you had to miss as a result of your car accident and the value of that missed work. Additionally, we look to see whether you will miss work in the future, and we consider the value of the work you’re going to miss. Finally, you may never be able to work in the same capacity as you did before your car accident. As a result, you may have lost earning capacity. Therefore, lost wages are another big factor in determining the value of your car accident claim.
Permanent Impairments or Physical Disabilities Caused by the Car Accident
In the most severe types of auto accidents, a person will suffer permanent disability or impairment. In these situations, it may be beneficial to hire a life care planner to evaluate the impact your injuries will have on your life. A life care planner can help us to put a number value on your past and future costs associated with your impairment or disability.
Your Pain and Suffering
Pain and suffering is a form of non-economic damages. This can be thought of as an intangible damage. Therefore, it can be very difficult to assign a number value to pain and suffering. Clearly, the insurance company is going to put a low value on you pain and suffering because the goal of the insurance company is to pay you as little as possible. This is where you need a car accident attorney to fight to get you the value you deserve.
Frequently Asked Questions About the Average Settlement for Car Accidents in Florida
Is There a Car Accident Settlement Calculator for Florida Car Accidents?
Although you may have read somewhere that there is a special car accident settlement calculator for Florida accidents, there is no such thing. There is no algorithm or equation that will give us the value of an auto accident.
How much money do you get from a car accident settlement?
The amount of money you get in a car accident settlement depends on a number of factors. Some of the most critical factors that apply to most cases include:
- Amount of insurance coverage available;
- Dollar amount of your medical bills;
- Amount of your lost wages;
- Severity of your injuries;
- Severity of the defendant's negligence; and
- Your comparative negligence.
Other important factors that will vary greatly from case to case are:
- Insurance company involved (some are way worse than others);
- Defense attorneys invovled;
- Defense law firm involved; and
- Insurance adjuster(s) involved.
How much is the average settlement for a car accident in General?
Generally speaking, most car accident settlements are determined by the insurance coverage available. In Florida, many drivers are only carrying $10,000 to $25,000 in bodily injury liability coverage. Accordingly, most cases settle in this range because there is no other money available to pay the claim.
How do you get the most money from a Car Accident Settlement?
All other factors being the same, there are several steps you can take to maximize the value of your car accident settlement. Here's how to get the most money from your car accident settlement:
- Get medical treatment immediately after the crash.
- Get an attorney involved as soon as possible after the crash to make sure your rights are protected.
- Don't talk to insurance adjusters without an attorney's advice or presence.
- Do what your doctors tell you to do.
- Do no miss doctor's appointments.
- Tell your medical providers why you're seeking treatment and don't exaggerate. Just tell them the truth.
- Don't talk about your case on social media because a defense team will use that against you.
How much will I get for pain and suffering from a car accident?
How much you will get for pain and suffering depends on the nature of your damages. The insurance adjusters and defense attorneys will value your pain and suffering based on how they think a jury would value those damages at trial.
Cases involving serious damages, high medical bills, and clear permanent and debilitating injuries will obviously warrant a higher amount of pain and suffering damages than a case with low medical bills and a less debilitating injury. Ultimately, the defense is going to pay as little money as they think they can get away with, based on what they believe a jury would pay at trial.
For example, if you have very low medical damages, the defense may bet that a jury would think you're faking your pain and suffering damages and give you $0 at trial. So, they may not offer much money for your pain and suffering.
Defense attorneys and insurance adjusters also value pain and suffering based on how they think you'll do at trial and whether a jury would like you, trust you, or believe you.
For example, if you're not a credible witness, or if the defense doesn't think you would play well in front of a jury, they may not offer much money for pain and suffering. Their hope would be that one or more jurors would think you're faking and refuse to give you any money at trial (and influence the other jurors to do the same).
Can You Get money from a car accident without a lawyer?
Absolutely. However, without the threat of litigation or trial, the insurance adjusters and defense attorneys won't take you seriously. They will offer you pennies on the dollar because there is no reason for them to pay you more money without the threat of legal action. Typically, our clients who have tried to resolve their cases before getting us involved received offers around $1,000 for $10,000 cases and $3,000 for $25,000 cases. In our experience, the insurance company will pay at least 10 times as much when a lawyer gets involved.