If you or a loved one was injured in a car accident in Florida, a lawyer can help you understand the damages that make up the average settlement. The majority of car accident claims are resolved with a settlement, so understanding its components is important.
You do not have to manage your injury claim or assess your recoverable damages on your own. An Orlando car accident lawyer will investigate your accident and deal with the at-fault party and their insurance company for you. They will also accept your case on a contingency fee basis. This means you only compensate the law firm after they recover damages for you and owe nothing if you do not get a financial award.
Understand the Type of Damages That Comprise a Car Accident Settlement
After a car accident in Florida, personal injury protection (PIP) insurance will cover many of your post-accident costs, including medical bills and lost wages. If the injuries you sustained in a car accident meet the serious injury threshold and were caused by another party’s negligence, you can file a third-party insurance claim or lawsuit.
The value of your settlement is affected by the extent of your injuries and any shared fault. Florida Statutes § 768.81 describes the types of tangible and intangible damages you can recover.
Economic Damages After a Car Accident
You can recover compensation for tangible, easily documented damages after a car accident which can include:
- Past and future medical expenses
- Past and future income losses
- Loss of future earning capacity
- Property repair or replacement
- Diminished property value
Economic damages will come out of your pocket if they are not recovered from the negligent driver. Your lawyer will collect receipts, bills, and other documents that prove their value.
Non-Economic Damages After a Car Accident
A car accident can cost more than out-of-pocket expenses. It can take a non-financial toll on your life and lifestyle that entitles you to the following non-economic damages:
- Pain and suffering
- Inconvenience
- Physical impairment
- Mental anguish
- Disfigurement
- Diminished quality of life
You do not have to assess and document these intangible losses on your own. Your lawyer will handle it for you by collecting your medical records and written prognosis. You could also be asked to submit a written statement about your pre- and post-accident experiences.
Wrongful Death Damages After a Florida Car Accident Fatality
Nothing can atone for the loss of a loved one in a negligence-based accident. You can recover damages for its financial impact on your family, including:
- Funeral expenses
- The decedent’s financial support
- The decedent’s household contributions
- Loss of companionship and consortium
Your lawyer will pursue the at-fault driver and their insurance company for you. They also describe how legal action is taken and which family members can recover damages.
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Proving Negligence Is the Key to Recovering Damages in Car Accident Cases
Car accidents can have a wide range of causes and contributing factors. Some commonly reported causes of car accidents include speeding, distracted driving, driving under the influence of drugs or alcohol.
These or any negligence-based causes entitle you to file a personal injury claim. Your lawyer will prove the elements of negligence, including:
- Duty of care: The at-fault party’s legal obligation
- Breach of duty: Their failure to meet their duty
- Causation: The link between action and accident
The final element of negligence is damages—proof of the accident’s financial implications. A lawyer will compile this proof for you.
Your Lawyer Will Start Building Your Evidence Collection With the Police Report
When the police arrive at a car accident scene, they check for any injuries and summon emergency medical technicians if that was not already done. They also take many notes and create diagrams of the accident scene and the positioning of both cars.
Other evidence your lawyer will collect includes:
- Accident reconstruction reports
- Lay and expert witness statements
- Medical records and bills
- Employment and salary history
- Accident scene and injury photos
You do not have to collect evidence to substantiate your injury claim on your own. Your lawyer will obtain a copy of your police report and all the evidence needed to fight for your financial recovery.
An Attorney in Florida Can Clarify the Car Accident Statute of Limitations
Even if you anticipate an insurance settlement rather than a court case, recovering compensation for a car accident means filing a lawsuit within the allotted time. In general, Florida Statutes § 95.11 gives you:
- Two years from the date of the accident to file your personal injury lawsuit
- Two years from the date of a loved one’s demise to file your wrongful death lawsuit
If you do not file your lawsuit in time, the courts could prohibit you from filing it at all or simply dismiss it out of hand. The insurance company will watch the filing deadline carefully and refuse any further negotiation if it expires.
Additional Ways a Car Accident Lawyer Will Manage Your Injury Claim
Your lawyer will advocate for you with the insurance company. They will also provide you with regular updates as your case progresses and take all of these steps on your behalf:
- Investigate your accident and its cause
- Prove you meet the serious injury threshold
- Fight for maximum financial recovery
- Handle all communication with the insurer
- Build a comprehensive evidence collection
- Draft your insurance claim or lawsuit
- Locate and interview and expert witnesses
- Negotiate a fair appropriate settlement
If your case does go to court—this rarely happens—they will represent you there and help you keep fighting for financial compensation.
Get a Free Review of Your Car Accident Case Now
The average car accident settlement in Florida compensates you for your medical bills, lost wages, pain and suffering, and more. Documenting your damages and ensuring their accuracy can be complicated. Let our car accident lawyers handle it for you.
You do not have to deal with your case alone. Contact our consultation team at Bogin, Munns & Munns for your free car accident case review.
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