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Getting in a car accident can be a frightening experience that can become even scarier in the
event of a serious injury. Florida law requires people to meet certain criteria to file a third-party
claim for personal injuries sustained from a car accident.
Following a serious accident, people often question the amount of compensation they can receive
through a legal settlement, but there is no “average” settlement amount.
The amount of money awarded to Florida drivers in a car accident settlement can vary greatly
depending on several factors, such as the insurance policies involved, the severity of the injury,
and the nature of the accident.
Stipulating an exact amount for your settlement requires obtaining information that can best be
examined and interpreted by an experienced team of personal injury attorneys.
If you or a loved one has suffered a serious injury due to a car accident and is having trouble
getting compensation, you are far from being alone. Contact our top personal injury attorneys at
Nooney, Roberts, Hewett & Nowicki to get started on your car accident settlement today.
Calculating Car Accident Settlement Amounts
The process of calculating how much money you will be able to receive in a car accident
settlement depends on specific information about the accident. What one individual considers a
car accident can look different to different people, ranging anywhere from a small fender bender
to a severe crash resulting in property damage and personal injuries. For example, if a car
accident is minor without any injuries, the amount you receive is likely to be less than you would
receive for an accident that results in major casualties or damage to other vehicles and property.
When drivers are involved in a vehicle accident, their actions often depend on the seriousness of
the accident and the amount of damage caused. Under Florida law, those who are in a car
accident are required to contact law enforcement immediately if the accident was severe enough
to result in:
It is common for people who get in minor car accidents to not contact law enforcement; it can be
due to a variety of reasons, depending on the circumstances and those involved.
Regardless of whether you call the police following your accident, it is still important to document all accident-related damages and gather both personal details and insurance information of all drivers involved. Other information to keep nearby if you plan on filing a personal injury claim includes:
This information is very important when determining how much money you will be able to
receive in a personal injury settlement.
Factors that Affect Florida Car Accident Settlements
As per Florida law resources, the average amount for vehicle accident settlements ranges from
$10,000 to $60,000 (or more). As you may have thought, settlement amounts range widely
depending on many factors. The most important factors that can affect your settlement amount is
the severity of your injuries and the ability of the attorney that is representing you.
Hiring the correct car accident attorney is essential in knowing how much compensation you
may be eligible for and what action can be taken to help lessen your financial burden in your
recovery.
No-Fault Insurance Policy
One of the most important factors to understand when seeking a car accident claim in Florida is
the state’s no-fault accident law. This law requires that people who sustain injuries from an
accident first seek coverage through their own automobile insurance provider.
Regardless of how serious or minor the accident, calling your vehicle insurance provider is one
of the first steps you should take after getting in a car accident. To begin the process of receiving
cost-related coverage, it is important to make this call after seeking medical treatment, contacting
the police, and consulting an attorney.
Under Florida’s No-Fault law, found in section 627.7407, Florida Statutes, you can begin to
receive coverage from your insurance before a determination is made as to who was at fault for
causing the accident.1
Personal Injury Protection Policy (PIP)
Florida drivers are required to have personal injury protection (PIP) coverage of at least $10,000
through their auto insurance. PIP coverage can be very important for seeking a starting coverage
payout or reimbursement following a vehicle accident.
Through your insurer’s personal injury protection policy, you could be eligible to receive the
following coverage:
Through your insurer’s personal injury protection policy, you could be eligible to receive the
following coverage:
This can help seek initial financial coverage after a car accident. However, there are also several
limitations to PIP coverage.
Benefit Limits: PIP benefits do not exceed $2,500 unless you are determined to have an
emergency medical condition (EMC).
Timeframe for Medical Coverage: To seek coverage for medical costs related to your accident,
you must seek medical treatment within 14 days of the accident. Medical treatment sought after
this timeframe may not be eligible for coverage through your PIP insurance policy.
Not All Damages Covered: Although PIP may cover some damages, it does not cover damages
related to pain and suffering. This, and other costs not covered by your vehicle insurance, may be
recoverable through filing a third-party claim against the driver at fault through us.
Cap on Damages Awarded
You might often hear about the term damage caps. Damage caps are legal limits on how much
money you can receive for damages filed in personal injury cases. The most common damage
caps to be aware of in personal injury car accident cases are punitive damage caps. Punitive
damages are damages that can be awarded to punish or deter the dangerous behavior of the
person at fault under specific conditions.
According to section 768.73(1)(a), Florida Statutes, the cap on punitive damages in personal
injury cases is generally no more than a three times multiplier of the amount of compensatory
damages (e.g., medical bills, repair costs), or a maximum of $500,000—whichever is greater.
Note: There are some exceptions to this rule that are found in sections 768.735 and 768.36,
Florida Statutes.
Filing a Car Accident Claim in Florid
If you’re having trouble obtaining the amount of compensation needed to cover costs and
damages following a car accident, you may be able to file a third-party personal injury claim against the driver at fault.
To initiate this process, it is imperative to find strong legal representation to help you determine
a fair settlement based on the details and circumstances of your case.
Here at Nooney, Roberts, Hewett & Nowicki, we understand how laborious and challenging it
can be to navigate this process alone. Our experienced team of attorneys can confidently provide
legal advice, negotiate with the at-fault driver’s insurance company, and take your case to trial
(court) if necessary to pursue a fair settlement for your damages obtained from the car accident.
Recovering from a personal injury following a car accident can already be arduous enough. Let
our results-driven legal expertise at Nooney, Roberts, Hewett & Nowicki help you seek a
personal injury claim to award you the compensation you deserve.
Don’t wait to learn what your settlement is worth. Call Nooney, Roberts, Hewett & Nowicki at
(904) 398-1992 for a free consultation today.
