What Compensation Can I Receive After a Florida Motor Vehicle Accident?

If you were injured in a Florida motor vehicle accident, you may use your Personal Injury Protection (PIP) insurance to cover medical expenses and part of your lost wages. If you have serious injuries, you may be entitled to seek compensation from the at-fault driver’s insurance.

The experienced motor vehicle accident lawyers at Zervos & Calta, PLLC, are dedicated to helping injured victims deal with the serious consequences of a life-altering car crash. It starts with helping you understand your legal rights under Florida law. This brief guide offers information about the compensation you may be entitled to claim. If you have questions about seeking compensation for a Florida motor vehicle accident, please don’t hesitate to call for a free consultation.

How Can a Florida Car Accident Lawyer Help Me Following a Motor Vehicle Accident?

Pursuing a motor vehicle accident claim on your own can be overwhelming if you are trying to recover from serious injuries. Insurance companies will fight to protect their profits by disputing your Florida car accident claim. They’ll try to minimize any payout. An experienced motor vehicle accident attorney can stand up for your rights and prevent an insurance company from taking advantage of you.

Your lawyer can help by:

• Investigating the accident and determining the actual cause and who is legally responsible
• Collecting evidence to show the other party failed to exercise the reasonable care that a prudent person would use to avoid a car accident
• Gathering your medical bills and income statements and calculating the full value of your claim
• Handling all insurance company communications
• Negotiating aggressively for fair compensation
• Representing you in court if a fair settlement cannot be reached

Zervos & Calta PLLC can guide you through the process of pursuing a claim for a serious car accident injury. A knowledgeable attorney can help you avoid critical missteps and allow you to focus on your recovery.

Is Florida a No-Fault State?

Yes. Florida follows a no-fault insurance system. After most car accidents, your first source of compensation typically comes from filing a claim with your own PIP coverage.

PIP coverage includes:

• 80% of reasonable medical expenses up to the policy limits
• 60% of lost wages
• A $5,000 death benefit in fatal car accidents

However, PIP coverage is limited. If your medical bills and related losses exceed the PIP policy limits, or your injuries qualify as serious, you may pursue compensation from the at-fault party’s insurance provider.

What Are the Different Forms of Compensation That You Could Receive After a Car Accident?

Car accident compensation generally falls into two categories: economic and non-economic. In rare cases, punitive damages may be sought to punish outrageous conduct.

Here’s a breakdown of what compensation may be available to you:

Economic Damages

Economic damages are compensation for the financial harm that a car accident victim incurs due to another’s negligence. Compensation may include money for:

• Medical Expenses: Ambulance services, hospitalization, surgeries, doctor’s visits, prescription medication, medical devices, physical therapy and rehabilitation, and future medical care
• Lost Wages: Income lost due to time off work, including hourly wages or salary, missed raises or promotions, sick days, vacation time, and future lost wages
• Property Damage: Vehicle repairs or replacement of your vehicle and other personal property damaged in the accident

Non-Economic Damages

Non-economic damages are compensation that accounts for the personal and emotional toll of the accident. Compensation may include money for:

• Pain and Suffering: Physical pain, mental anguish, and loss of enjoyment of life caused by the accident and your injuries
• Emotional Distress: Anxiety, depression, acute stress reaction, and PTSD symptoms caused by the accident
• Loss of Enjoyment of Life: When injuries have left you unable to participate in hobbies or activities that were formerly a part of your life

Punitive Damages

Punitive damages are only awarded by the court, and only in cases of gross negligence or intentional misconduct. A common example where these damages may be awarded is a drunk driving accident. This compensation is intended to punish the at-fault party and serve as a deterrent to further incidents.

What Are Some Factors That Can Affect the Amount of Compensation for a Florida Auto Accident Claim?

The value of your motor vehicle accident claim will depend on the severity of your injuries and the circumstances of your particular case. Key factors include:

• Severity of the Plaintiff’s Injury: More severe injuries, such as traumatic brain injuries, spinal cord injuries, and significant disfigurement, typically result in higher settlements.
• Medical Expenses Incurred: The total cost of medical attention and future medical treatment related to the accident will significantly affect the compensation you’re entitled to seek.
• Lost Wages: The income you’ve lost due to time off work is a key factor, as is any reduced earning capacity resulting from your injuries.
• Property Damage: Vehicle and other property damage can impact compensation significantly. The liable party may also be responsible for the diminished resale value of your vehicle, which can result in a higher settlement.
• Insurance Coverage: The policy limits of the at-fault party’s auto liability insurance coverage can cap the amount you can recover.
• Shared Responsibility: Even if you were partly responsible for the accident, you may still be entitled to hold the other driver liable and demand compensatory damages. However, under Florida’s comparative negligence rules, your compensation may be reduced by your share of fault. If you are found to be more than 50 percent at fault for the accident, you will be unable to recover any compensation at all.

Many clients are curious about the amount of compensation they may demand before pursuing a personal injury claim. Every case has unique factors that affect value, making it difficult to estimate an average case value. An experienced motor vehicle accident attorney will be able to give you a more accurate assessment by reviewing your case.

Does Florida Have Caps on Damage Awards?

In most car accident cases, there are no caps on the amount of compensation you can seek. However, the amount of insurance coverage available can potentially limit your recovery. For example, if the at-fault driver has the minimum required liability insurance, and your losses from the accident exceed those limits, you may not be able to recover the full amount unless you have underinsured motorist coverage.

What Is the Time Limit for Filing a Florida Car Accident Lawsuit?

Florida law allows car accident victims two years from the date of the accident to file a personal injury lawsuit. If you miss this deadline, you may be barred from pursuing compensation. It’s crucial to contact an experienced car accident lawyer as soon as possible.

Contact a Florida Car Accident Lawyer

If you’ve suffered injuries in a car accident caused by someone else’s negligence, you don’t have to face the insurance companies on your own. The legal team at Zervos & Calta, PLLC, has recovered millions in settlements and verdicts for injured Florida residents. When times are tough, your lawyer should be, too. We’ll fight to protect your rights and demand maximum compensation while you focus on recovering your health. Contact us today for your free consultation.

Visit Our Florida Car Accident Law Offices

About the Author

Lauren Calta
Attorney Lauren Calta is a partner in the Tampa Bay law firm Zervos & Calta, PLLC. For 33 years, Lauren Calta has focused her legal practice on representing people who have been harmed in personal injury, car accidents or lost loved ones due to the negligence of others. A distinguished personal injury trial attorney, she has secured millions of dollars for her clients and is a lifetime member of the Million Dollar and Multi-Million Dollar Advocates Forum in recognition of having obtained a settlement or verdict in excess of $2 million. She also is an official member of Lawyers of Distinction, Tampa Bay Trial Lawyers, Clearwater Bar Association and Florida Justice Association.

 

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