After being involved in a car accident in Florida, one of the biggest considerations for those involved is how much they will receive in compensation to pay for their injuries and property damage expenses.
While Florida auto accident settlements vary greatly on a case-by-case basis, and while there is no basis for comparing your case to others that are unlike yours, there are some factors that can have a big impact on your Florida car accident settlement.
Here are a few examples of elements that affect Florida car accident settlements – to learn more, reach out to our experienced car accident lawyers at the office of Emmanuel Sheppard & Condon directly today.
How Severe Are Your Injuries and Damages?
The first thing that you should consider when thinking about your settlement is how serious your injuries are. This is important because, if your injuries do not meet Florida serious injury threshold, you will be prevented from bringing a claim against the other driver for damages, including any damages for pain and suffering. Instead, you will need to turn to your Personal Injury Protection (PIP) coverage for compensation. The maximum amount of compensation available in a PIP claim is $10,000.
What is the serious injury threshold?
Per Florida Statutes Section 627.737, a claimant is only permitted to step outside of the no-fault/PIP system and bring forth a claim against the other driver if their injuries are “serious.” Serious injuries in Florida include injuries that cause permanent scarring and disfigurement, permanent and serious loss of a bodily function, permanent injury, or death.
Who Was at Fault?
In the event that you have suffered serious injuries and need more than $10,000 in PIP coverage to pay for the harm you’ve suffered, another thing that will affect your Florida car accident settlement is who was at fault. While you can bring a claim against the other driver if a) you meet the serious injury threshold and b) you can prove that your injuries would not have occurred but for their negligence, if you were at fault for the crash, you won’t be able to hold the other driver liable, and therefore may be limited in your recovery options.
How Much Insurance Coverage Is Available?
Note that regardless of how serious your injuries are and regardless of how little you contributed to the accident, in order to recover the auto accident settlement that you deserve, there must be insurance coverage in place to pay for your injuries. For example, if you have suffered serious injuries and can prove that the other driver surely caused the accident through their negligence, you can file a claim against them; however, if they don’t carry enough liability insurance coverage, your claim may go unpaid.
Working with a Lawyer Can Help
One way to improve your chances of recovering the settlement that you deserve is to work with a qualified car accident lawyer. An attorney can identify all possible sources of compensation, calculate your damages, and represent you in Florida auto accident settlement negotiations. At the office of Emmanuel Sheppard & Condon, we are here to help. Call us today to get started with a free consultation.