What is the average car accident settlement in Florida?

Per the Insurance Information Institute, the average payout for car accident claims has increased steadily over a recent five-year period. In one year, the average bodily injury claim payout was $22,734 nationwide, while the average property damage claim settlement was $5,314.

However, it’s worth noting that there is no “typical” car accident settlement, as each case differs significantly. If you get hurt in a Florida car accident, the best way to estimate the potential value of your claim is to seek advice from a knowledgeable local injury lawyer.

At Zervos & Calta, PLLC, we can help you through the complex landscape of Florida’s auto accident insurance system. We provide personalized and effective legal services that go beyond the “average.” Our dedicated team can calculate the full potential of your claim and fight to maximize your settlement.

If you’re a Florida resident who got hurt in a car accident that wasn’t your fault, remember there’s no need to go it alone. Reach out to Zervos & Calta, PLLC, today for a free consultation, and let us put our wealth of experience to work for you.

What Are Some Factors That Can Affect the Amount of the Settlement for My Car Accident?

Many factors could affect the value of a car accident settlement in Florida. Here are some examples:

• The severity and types of injuries you sustained
• The extent of property damage caused by the accident
• The duration of any medical treatment you need
• Whether you have future medical needs or ongoing care costs
• Whether you have any pre-existing conditions
• The long-term physical or emotional impact of the accident
• How the accident affects your overall quality of life
• The sum of your medical bills and other out-of-pocket expenses
• The degree of fault or liability for all parties involved
• How your injuries affect your take-home pay or earning capacity
• Whether you suffer a permanent disability due to the crash
• The policy limits of the insurance policies that apply to the accident
• Your attorney’s level of skill, experience, and patience

How Are Florida Car Accident Settlement Amounts Calculated?

When insurance adjusters calculate car accident settlements in Florida, they typically consider the value of several different elements, including the following:

• Medical expenses – Past, present, and anticipated medical costs
• Rehabilitation costs – Physical therapy or other rehabilitative treatment expenses
• Lost wages – Past and future income you lose due to the accident
• Pain and suffering – Physical discomfort and emotional distress from the crash
• Property damage – The costs of repairing or replacing damaged property
• Loss of life’s enjoyment – Losses in your overall quality or ability to enjoy life
• Insurance policy limits – The maximum amounts available through relevant insurance policies
• Liability – The percentage of fault assigned to each party involved in the accident

Are There Steps I Should Take After the Accident to Help My Accident Claim?

The steps you take following the incident can significantly affect your potential accident claim. Here are some key actions to consider:

• Call your insurance company – Notify your insurer about the accident as soon as possible. Provide accurate information about the crash, but do not share unnecessary details or opinions.
• Call the police – Official police reports documenting crash-related specifics are often essential evidence in insurance claims, and the police can secure the scene and render aid.
• See a doctor – Florida has a 14-day rule for personal injury protection (PIP) claims, so remember to seek prompt medical attention, even if you initially feel fine, to maintain your eligibility for PIP.
• Stay off social media – Be cautious about what you share online. The adjuster could find any posts, photos, or comments you share and use them against you during settlement talks.
• Contact a lawyer – A knowledgeable attorney can provide valuable guidance, conduct an independent investigation into the crash, and build a robust case on your behalf.

How Does Florida’s No-Fault Insurance Law Affect My Settlement?

Florida’s no-fault insurance law requires each driver to carry personal injury protection (PIP) insurance. After an accident, regardless of who’s at fault, your PIP coverage should pay for up to 80 percent of your reasonable medical expenses and 60 percent of your lost income, up to your policy limits. For non-emergency medical care, the PIP limit is $2,500.

However, if you suffer a “serious injury,” you could step outside the no-fault system and file a third-party insurance claim or lawsuit against the at-fault driver. Under state law, a serious injury is one that causes at least one of the following:

• Permanent and significant loss of a bodily function
• Permanent and significant disfigurement or scarring
• An injury that appears permanent within a reasonable degree of medical probability
• Death

A third-party claim or lawsuit could lead to a larger settlement that covers a wider range of losses than a PIP claim would. For instance, you could seek compensation for the full value of your medical bills and losses like pain and suffering that are not addressed by PIP.

Does Florida Have Caps on Damages That Can Be Awarded for an Accident?

Florida does not have a cap on damages (monetary payouts) for most personal injury cases, including car accident cases. This means there’s no statutory limit on the amount you can recover for losses such as your medical bills, lost income, or pain and suffering from a claim.

However, there is a cap on punitive damages, which are meant to punish at-fault parties for particularly reckless or negligent behavior rather than to compensate victims. Under Florida law, punitive damages can’t exceed three times the amount of money you get for your losses or $500,000, whichever is greater.

Is There a Time Limit for Filing a Car Accident Claim in Florida?

Yes. You have two years to file most car accident lawsuits in Florida, and the deadline is much tighter for insurance claims and lawsuits that meet certain criteria. Adhering to these deadlines is essential, as failure to file within the applicable time limit could bar you from recovering any compensation. Consult a Florida personal injury attorney for advice tailored to your specific situation.

Contact a Florida Car Accident Lawyer

The aftermath of an accident is overwhelming enough without the added stress of negotiating with insurance companies. At Zervos & Calta, PLLC, we believe your focus should be on your recovery while we focus on the fight for your rights.

With more than 50 years of combined legal experience, we have the determination, resources, and understanding to handle even the most complex injury claims. Contact us for your free consultation today. Remember, there’s no fee unless we win for you.

Visit Our Florida Car Accident Law Offices

About the Author

Angela Zervos
Angela has spent more than 20 years of her legal career fighting for personal injury victims – and against big insurance companies. As a true trial lawyer, she takes on a wide variety of personal injury claims, including those involving motor vehicle accidents, slip-and-fall accidents, medical malpractice, traumatic brain injuries, and wrongful death. Prior to starting her own law practice, Angela secured more than $80 million in settlements and jury verdicts for her clients – a 90 percent success rate since 2002. Her efforts on behalf of her clients have resulted in numerous accolades. For example, Angela maintains a “Superb” 10.0 rating from AVVO, an “AV Preeminent” rating from Martindale-Hubbell, and she is ranked among the Top 100 civil trial lawyers by the National Trial Lawyers Association. Zervos & Calta, PLLC serves the entire Tampa Bay area – including Pinellas County, Pasco County, Hernando County, and Hillsborough County – from offices in Tarpon Springs, Spring Hill, Clearwater, and St. Petersburg.