How Does a Car Accident Settlement Work in Florida?
Car accident settlements in Florida work by providing accident victims with fair compensation for any losses or injuries caused by another party’s negligence. You can seek such a settlement by identifying the at-fault party and working with their insurance company to get the money you need.
If you were injured in a Florida car crash, you will learn that the accident recovery process is far from simple. Understanding the settlement process can help you move forward with purpose, and our Florida car accident lawyers can fight to ensure that your claim is settled fairly.
Can I Get Money From a Car Accident in Florida?
In theory, yes, but filing an accident claim and holding the at-fault driver accountable is not always easy. Before that money becomes available to you, you have to:
- Prove that the liable party displayed negligent behavior that led directly to your accident and injuries
- Collect enough evidence to prove that you deserve a settlement from the individual or organization you are suing
- Communicate with the liable party’s insurance company and convince them to pay what you need
If you cannot or do not want to perform these tasks on your own, you have the right to consult our car accident attorneys in Florida for information and assistance.
Who Will Pay Your Florida Car Accident Settlement?
Florida is a no-fault state for car accidents, which means that—no matter who is at fault—your medical and related expenses will first be covered by your own Personal Injury Protection (PIP) insurance policy, which is required of all drivers in the state under Florida Statutes § 627.736.
When Can You Seek a Settlement From the At-Fault Party?
The way car accident settlements work in Florida, you can take legal action against another driver when:
- Your medical expenses exceed your PIP policy limits
- You incurred property damage, especially to your car
- You want to seek compensation for something your own insurance policy does not cover, such as non-economic damages
How Much Money Do You Get From a Car Accident Settlement in Florida?
That depends on how bad your injuries are, whether or not you share fault for the accident, and the settlement agreement your car accident injury lawyers negotiate with the at-fault party’s insurance company. A fair settlement should include money for:
- Medical costs
- Property damage
- Loss of wages and job benefits
- Loss of earning capacity
- Loss of employment or job opportunities
- Pain and suffering
- Reduced quality of life
- Disability
- Scar tissue or disfigurement
- Loss of consortium
You can also file a wrongful death claim for a settlement if the car crash resulted in the death of a close relative.
When Should You Accept a Car Accident Settlement Offer?
The insurance company (or the other driver) may offer you a settlement in exchange for you giving up the right to bring future legal action regarding the accident. Remember, however, that insurance companies are in the business of turning a profit. They may try to:
- Convince you not to hire a personal injury attorney
- Tell you your claim is worth much less than it really is
- Push you to accept their initial offer rather than negotiate for something better
- Blame the accident on you so they do not have to pay as much (or anything), as allowed under Florida’s comparative negligence law (Florida Statutes § 768.81)
To ensure the amount is adequate to cover your losses, you can consult with our car accident law firm in Florida for legal advice. This way, you would not have to deal directly with the insurance companies, and you could focus on receiving medical attention and spending time with those you love.
How Long Does a Car Accident Settlement Take in Florida?
There is no way to predict how long it will take for you to recover a settlement after a traffic accident. It could take anywhere from a few months to a few years to complete your case, depending on:
- Whether the at-fault party is willing to admit fault or not
- Whether the insurance company decides to cooperate or to make things difficult
- How complex your car accident is (for example, the presence of multiple liable parties could lengthen your case)
- How much evidence is available and how easy it is to acquire and interpret that evidence
- How many injuries you sustained and how serious they are
Is Seeking a Florida Car Accident Settlement Worth It?
That is up to you and your family to decide. The money you get in a settlement can make life much easier for you going forward, especially if you need extensive medical care or can never work again. Also, remember that you do not need to handle your personal injury claim alone: our law firm can support you.
Florida has some beautiful scenic highways and byways, but a car accident can disrupt an enjoyable or routine drive when you least expect it. You can help keep Florida roads—both well-traveled highways like I-10 and quiet side streets alike—safe for yourself and other motorists by pursuing the settlement you deserve.
How to Protect Your Settlement for a Florida Car Accident
If you were involved in a car accident that resulted in property damage of greater than $500, or if the accident caused injury or death, you must contact law enforcement immediately. This could mean calling Florida Highway Patrol, your local police department, or simply dialing 911.
The responding officer will file an accident report within 10 days of completing their investigation, per Florida Statutes § 316.066. Our personal injury lawyers can request and use this report as evidence to support your need for a car accident settlement.
Ways You Can Collect Evidence for a Car Accident Claim
Once you have safely gotten to the side of the road, you can think about:
- Whether you need emergency medical treatment or if you can wait to schedule an appointment with your own doctor. Either way, getting timely care is an important way to support your future legal action—and protect your health.
- Exchanging insurance, contact, and vehicle information with the other drivers.
- Documenting the road and weather conditions by taking accident pictures or video.
- Being careful about what you say to others regarding the car crash. You may be naturally inclined to apologize, but the insurance company may use this as proof of your liability. Keep your statements short and to the point.
- Waiting on car repairs until after your insurance company has given you the go-ahead. You can, however, take the car to a mechanic to have the damage appraised.
You can still pursue financial compensation even if you collected no evidence at all. Our accident injury attorneys in Florida can take on the task of supporting your claim by building up your casefile.
Contact Our Florida Car Accident Attorneys Today
If you were injured in a car accident that was caused by someone else’s negligence, Meldon Law’s Florida car accident lawyers can handle your claim. Car accident claims are often complicated, and effectively supporting your case will play an important role in seeking the settlement to which you are entitled.
Meldon Law knows how car accident settlements work in Florida, so we can advocate strongly and intelligently for your rights. For more information, call us for a free case review now.
