Car accident survivors of Broward county often ask, “How much could I get in a settlement after my accident?” The amount of compensation you’re eligible for following a car accident depends on several factors. An experienced auto accident attorney can help you determine the value of your case based on the specific details of your expenses and the impact of those expenses have on your life. If you've been injured in a car accident in Broward County, you should contact a car accident lawyer immediately to get a case evaluation and discover how much your claim could be worth. Learn more about the factors that affect the amount of your claim in this article.
Your Insurance and Florida “No Fault” Laws
Each driver's insurance policy and the maximum coverage in each policy decides the amount a claim can be worth.
Florida requires all Broward county drivers registering their vehicles to have minimum coverage that includes:
- a minimum of $10,000 in Property Damage Liability.
- $10,000 in Personal Injury Protection Coverage.
- A vehicle registered as a taxi must be insured in excess of $125,000 in personal injury liability.
Florida is a “No Fault” State which means regardless of who is at fault, both parties turn to their auto insurance policies when involved in a car accident. This is why all Florida drivers must carry Personal Injury Protection (PIP) insurance as part of their car insurance policy.
Medical treatment is supposed to be easier to obtain through “No Fault” laws for those injured in a car accident. There are a few restrictions, however. As an example, PIP insurance puts a limit on medical expenses; it will only cover up to a certain amount. If you suffer injuries that exceed the law's "injury threshold" then you may sue the other driver.
Who is Liable in your Car Accident?
Successful car accident settlements are built on the basis of proving liability. While your medical insurance will cover some of your costs, no matter who is at fault, your lawyer’s ability to negotiate a settlement or to effectively argue your case so that you get a favorable outcome, depends solely on proving that the other driver was at fault in the accident that caused your injuries. Despite the fact that there are other types of acts that can result in liability, in personal injury claims, most incidents involve negligence.
The at-fault party had the duty to operate his or her vehicle in a safe and responsible manner.
- This duty of care was breached by the negligent party. Perhaps the driver was distracted or drowsy at the time the accident occurred.
- As a result of the breach, you incurred damages that included medical expenses and missed time at work.
The amount of your settlement may decrease if the other driver can prove that you were also at fault for the accident. This can happen, for example, when the other driver rear-ends your car while you are driving with a broken taillight, so the other driver fails to notice your braking until it's too late.
Your Injuries and Medical Expenses
It is not unusual for an insurance company to settle your claim quickly for a small amount, particularly if the other driver is clearly at fault. The problem here is that no one knows exactly how serious an injury can turn out to be, how much treatment it will require in the future, or whether additional complications will arise due to the injury. Accepting a quick initial settlement limits your ability to go back and request more money in the future if your injuries are more serious than you anticipated, and you could lose out on thousands of dollars you may need for future medical treatment.
The guidance of a skilled car accident attorney will depend on medical experts who are familiar with injuries similar to the one you suffered to estimate the costs of treatment you may require in the future. You may be able to recover for your settlement, ambulance transport, emergency room services, surgery costs, hospitalization, prescribed medications both in the hospital and at home, diagnostic and lab work, physical therapy and rehabilitation, as well as follow-up treatments.
Here are some factors that can hurt your settlement when it comes to showing medical expenses:
- Refusing medical aid at the scene or postponing treatment. Regardless of whether you “feel” hurt, following an accident, you should be seen by a doctor. The safety aspect is one of the most important reasons for this, since many injuries present with delayed symptoms. Additionally, the longer you wait to seek medical treatment, the easier it is for an insurance company to claim that you do not have an injury.
- In addition, the defense often raises pre-existing injuries in personal injury claim. Let your attorney know about any pre-existing injuries in the same area as your current injury so that he or she can be prepared to make that argument.
Your Ability to Work
A car accident settlement or car accident lawsuit includes the amount of time you missed from work due to being injured, as well as medical appointments related to your injury. Moreover, attorneys and insurance companies will also evaluate the extent of your injury and the potential for permanent disability. Would being able to return to work in a different position hurt your earning capacity? What if you are physically unable to work? During the initial evaluation of your case, your accident attorney will consider these issues in consultation with the medical professionals who treated you.
A person may easily prove lost wages from a car accident if they are employed by someone else and get paid regularly for their work. It may be a bit difficult for self-employed individuals or those who are at least partly paid by commissions, but your income can still be quite easily documented via tax returns from the previous year and calendars showing missed meetings and business opportunities, and other information of that sort.
Property Damage and Out-of-Pocket Expenses
In the event of an accident caused by someone else, their property damage policy will cover the cost of repairing or replacing your car. Other sources may help you recover these costs, too, not just your own but those of the other parties liable.
It is easy to incur other out of pocket expenses when recovering from a car accident. During settlement negotiations, you may be able to claim expenses like:
- Rental costs while your car is being repaired or replaced
- Travel expenses for medical appointments.
- Modifications to your home to make it easier to access if you are in a wheelchair because of your injuries. Examples include widening the doorways, lowering cabinets, and installing wheelchair ramps.
- Cost of prosthetic limbs.
- Hiring someone to do your household chores if you can no longer do them.
You must retain copies of all bills and be able to prove the expenses are necessary based on your injuries and situation in order to be eligible for compensation.
Emotional Damages
Under Florida law, emotional distress occurs when a person suffers mental suffering due to the negligence of another party. These are emotional and psychological damages that have an effect on your well-being, your relationships with others and your ability to take part in the hobbies and activities you enjoyed before the accident. This cannot be measured by a dollar amount, yet it is often the most damaging part of your injury. Emotional distress damages include:
- Pain and suffering.
- The feeling of embarrassment and humiliation.
- Loss of ability to enjoy life's pleasures.
- Physical disfigurement.
- Sleeping problems (insomnia).
- Feeling depressed.
- Thoughts of suicide.
- Experiencing high levels of anxiety and stress.
These are just a few examples and are not the only ways severe emotional distress may appear. The mental health of a person may be greatly impacted if they are not treated following a major traumatic event. You may suffer emotional distress in result of sustaining bodily injuries while in an accident. Florida Supreme Courts may consider these injuries more likely to warrant monetary reward.
What Kind of a Settlement Can You Expect
In a car accident case, negotiating a settlement is usually a complex and drawn-out process. Being in a state of recovery while incurring expenses during that recovery is a tough process for anyone. Understand that the more patience you have with the process, the more likely you are to reach a higher settlement.
For an average personal injury settlement, you need to look at the multiple factors discussed in this article. Considering settlements in other cases, people have to remember that they’re looking at the sum of those factors. If a victim's economic losses are high, that alone can greatly raise the value of a settlement claim. The punitive damages that the victim can collect in response to the bad actions of the defendant can greatly distort the claim's value. Personal injury cases always revolve around the unique damages at stake.
Average settlements from car accidents range from $3,000 to $75,000, the exact figure being somewhere in the middle. If you believe your case is worth more, you might be right. The value of your claim cannot be determined by looking at average settlements.
What Is DOCS4PI?
The mission for DOCS4PI is to provide people who have been injured in a car accident to find the best doctors in their area to treat their auto accident injuries. Most of the time, people get sent to a doctor that is not the best. At DOCS4PI we screen our doctors and make sure that patient care is the best. Our network of doctors will help treat your injuries whether it may be back, neck, knee, shoulder, hands, foot, and more. We are not an attorney referral service, we are a medical referral service in Florida.
