If you have been in a car accident, you likely want to do whatever it takes to put the accident behind you and move on with your life. Car accident settlements from insurance companies are intended to do just that — compensate you for expenses related to injuries and property damage to make you whole and move on with your life. After all, it’s the reason you pay for and have car insurance.
However, when receiving a settlement offer, people frequently want to know whether it is a reasonable and fair settlement. While it can be tempting just to take the money and do your best to move on, insurance companies are interested in paying out as little as possible or denying claims. By knowing how accident settlements are calculated, the factors that can affect settlements, and how a car accident lawyer can help, you can be more confident you are receiving the settlement you deserve.
After you report an accident to your car insurance carrier, they will investigate the facts of the collision. This will include how much damage occurred, if there were injuries, and who or what was the cause of the accident. Initial settlement offers will be based on compensation for straightforward economic damages and non-economic damages, which can be harder to calculate.
Economic damages that can go into a settlement can include:
Non-economic damages can include:
Some economic damages can be more challenging to calculate, including future medical expenses and lost earning capacity due to injuries, but can be factored into a settlement offer.
The average car accident settlement offer in Florida can range from $10,000 to $60,000 or much higher, depending on the factors below. Knowing whether a settlement offer is fair requires accurately calculating your damages and fully understanding your case’s facts.
No two accidents are alike, and there are a wide range of factors that can impact how much of a settlement offer you receive from your car insurance carrier, such as:
Taking the proper steps after an accident can maximize your chances of a fair settlement. This includes:
The length of a settlement can vary widely depending on the circumstances of the case. Typical settlements can take anywhere from a few months to a year or longer if there is a dispute or the case goes to court.
Florida is a no-fault state, meaning every motorist must carry $10,000 in personal injury protection (PIP) insurance to cover medical expenses regardless of who was at fault. Motorists can still be held liable for other damages, particularly if they caused an accident due to negligence or reckless driving.
As a comparative negligence state, drivers in Florida can be found to be partially at fault for an accident if a case goes to court, which can impact settlements. For example, if you have $30,000 in damages but are found to be 20% at fault for the accident, you may only be entitled to receive $24,000 in damages from the other party in a settlement.
Most cases are settled out of court between insurance companies. However, motorists in Florida have the right to sue for damages exceeding the amount of liability insurance the other party has if they are found to be at fault.
In all but the most minor and straightforward accidents, you should meet with an attorney specializing in car accident and personal injury law to ensure you receive fair compensation and protect your legal rights and assets.
An attorney can help you calculate your damages accurately and ensure you submit letters, records, and paperwork correctly and promptly to your insurance company. A car accident lawyer can also help you understand your potential level of fault or negligence based on the facts of the case and take appropriate steps.
The experienced team at Hartpence Law understands the stress of car accidents and dealing with insurance companies in the aftermath. With our experience working with car accident cases, we know how to deal with and work with insurance companies to get you the compensation you deserve.
We promise to fight to get you a reasonable and fair settlement in a time frame that fits your life and needs without settling for less. We do not charge for consultations and work on a contingent fee basis, meaning you have no out-of-pocket costs unless we win the case.
If you or someone you love was involved in a car accident, call us at (855) 680-4911 or schedule a free consultation.
Disclaimer: This blog is for informational purposes only and does not create an attorney/client relationship.
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