In the state of Florida, there are an average of 1,100 car accidents per day. The overwhelm that follows that car accident can be paralyzing. If you find yourself in the driver's seat, navigating a settlement in the midst of healing from injuries, you'll want a seasoned litigator on your side.

What factors influence a car accident settlement payout?

There are multiple factors that impact the value of your car accident settlement claim and payout. Depending on the injuries you sustained, the medical debt incurred, future expenses, property damage, and any lost wages, you could be looking at a hefty payout.

What impacts the strength of your case?

The strength of your case depends entirely upon accurate documentation and treatment of your injuries. X-rays and CT scans may not provide enough clarity about the extent of your injuries, so having other imaging available like an MRI is essential.

The valuation of your case will rely heavily on your diagnosis, the extent of your medical treatment, and the cost of that treatment. Other factors such as future medical treatment, loss of enjoyment of life, pain and suffering, past and future lost wages, and other out of pocket expenses may also be considered.

How will your lawyer make a difference in the outcome of your case?

Your lawyer plays an integral role in helping you understand your rights as they are experts at laws regarding car accidents. Your lawyer will help you determine how to best protect yourself from insurance companies. Your lawyer deals with these insurance companies day in and day out. They know what arguments to make, and what questions to ask to maximize the value of your claim. Placing yourself on a level playing field with the insurance company with legal representation, at no upfront costs to you, is setting your claim up for its maximum potential.

Your attorney will also support you meeting timeline expectations, and if you miss a window or deadline, it could cost you the coverage and compensation that you deserve. It’s a challenge to find an attorney who, with zero upfront cost, is willing to walk you through the process to show you an overview of what the case may look like from beginning to end.

The policy limits of your insurance coverage

Policy limits are the maximum dollar amount your insurance company will pay under a person's policy and it varies for everyone. If the at-fault driver injures you and they do not have bodily injury coverage, your attorney can request a copy of your policy to see if uninsured motorist coverage is available.

Potential punitive damages

There are some cases in which punitive damages can be awarded depending on whether or not the at fault party was personally responsible and guilty of intentional misconduct or gross negligence, as defined under Florida Statute 768.72(2). They are typically awarded and limited to the greater of:

Three times the amount of compensatory damages awarded to every claimant; or
The sum of $500,000

What role do insurance companies have in car accident settlements?

Insurance companies initially play the biggest role in a car accident claim and are the initial decisions makers as far as settlement goes. These policies can be difficult to navigate and making sure the claim is being handled fairly and appropriately is critical to a successful outcome. This is where having a good attorney who is well-versed in handling car accident claims is of the utmost importance.

What happens if the policy limit is lower than damages?

Your attorneys will seek uninsured motorist coverage on your policy if the policy is lower than the damages caused during the accident. UM coverage is under your policy only if you selected it when you purchased your plan.

This type of coverage is unique in that it was created to protect you should the at fault party not have bodily injury coverage, or carry coverage that’s not enough to compensate you for your injuries.

What happens if you are found partly at fault in the accident?

If you are found partly at fault in the car accident, you’ll find yourself at an intersection of comparative negligence.

Comparative negligence

In Florida, the Pure Comparative Negligence Rule means that even if you were found to be responsible only partially for an accident, you can still recover for the amount you were not responsible for. Let's say an accident caused $100,000.00 worth of damages to you, but you were found to be 60% at fault for this, you could still recover up to $40,000.00, for the portion caused by someone else’s negligence.

This is a scenario that is often seen not only in car accidents, but also in other personal injury negligence cases like slip-and-falls and wrongful deaths.

Busciglio, Sheridan & Schoeb are your Tampa Auto Accident Law Firm

Busciglio, Sheridan & Schoeb have the tenacity, experience, and compassion to deliver the person-centered representation that these difficult situations require. If you’re curious about our firm or have questions about your case, please do not hesitate to connect with us. A consultation and retainer for a car accident are at NO COST to you!

What To Expect From a Car Accident Settlement