How Car Accident Compensation Works in Florida
We will fight to get the most money for your car accident injuries
Car accidents can be sudden, life-altering, and, unfortunately, common events that leave even the most careful drivers with serious injuries.
Although crashes happen frequently in Florida – about 500 per day – a lot of injured accident victims don’t know how to get the compensation they deserve.
If you were injured in a car accident, the Tampa car accident attorneys at Armando Personal Injury Law can help you pursue the maximum compensation you deserve. Schedule a free case evaluation with us to learn more about how we can help you.
Types of Car Accident Compensation
After a bad accident – whether it’s a rear-end hit, head-on collision with a distracted driver, or a T-bone at an intersection with a red-light runner, for example – there are generally two types of car accident compensation you can collect: economic damages, which are objectively verifiable and tied to a specific dollar amount, and non-economic damages, which are more subjectively determined losses like pain and suffering.
Compensation is intended to cover accident-related expenses and losses like:
- Emergency medical care
- Hospitalization
- Surgery
- Medical expert doctor visits and consultations
- Travel for specialized medical care
- Physical therapy
- Medication and disability equipment
- Vehicle and other property repairs and replacement
- Lost wages and diminished earning potential
- Loss of mobility, brain function, and/or enjoyment and quality of life
Typically, injuries that receive the most compensation are those that are permanent and/or incapacitating. This includes damage like lost limbs, Traumatic Brain Injuries (TBIs), Spinal Cord Injuries (SCIs), and severed nerves. Musculoskeletal disorders (MSDs) such as muscle, tendon, and ligament strains and sprains may also fall into this group. Compensation for a back or neck injury in a car accident can be significant, depending on the nature of the injury and whether you have chronic pain or other problems.
Punitive damages are rarely awarded in Florida, reserved for the most terrible and reckless cases where the at-fault driver displayed gross negligence. In those circumstances, punitive damages may be awarded by a jury in addition to regular damages as a way to punish the at-fault parties and send a message to those who may try something similar.
Compensation Factors
Whether you need compensation for a rear-end accident, a drunk driving accident, or any other type of crash, how much you get for a bad car accident is typically determined during negotiations with an insurance adjuster or by a court. The final amount of a settlement or verdict can be influenced by a number of factors. Here are some of the most common factors that affect compensation for a car accident:
Injury severity - Lifelong injuries that cause permanent disabilities and wrongful death cases typically yield the most compensation. Temporary disabilities can also earn substantial payouts, depending on the effects they have had on your life.
Cost of treatment – Major injuries may require surgery, physical therapy, medical devices, and other expensive treatment, all of which should be accounted for in your claim.
Insurance policy limits – Like most states, Florida sets minimum insurance requirements for drivers. Unfortunately, the minimum policy limits are quite low. Florida requires people with registered personal vehicles to purchase $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability (PDL).
Drivers are advised to carry more than the minimum because, following a serious crash, $10,000 typically doesn’t buy much care. You can spend that in one night at the hospital.
Whether the at-fault driver has insurance – Unfortunately, many Florida drivers are uninsured. If the at-fault driver doesn’t have liability insurance, you may still have a case on paper, but you’re unlikely to get compensation in practice. That’s why it’s so important to carry uninsured and underinsured motorist protection on your policy.
Third-party negligence – Sometimes it’s not just the at-fault driver who is liable for your injuries. Third parties who may owe you money for your injuries could include:
- Manufacturers of defective vehicles or defective auto parts.
- The at-fault driver’s employer, if they were driving a company vehicle or otherwise on the job at the time of the crash.
- Businesses that serve alcohol. Florida’s dram shop law can hold businesses that serve or provide alcohol to people who are “habitually addicted” to alcohol or minors liable for resulting DUI or impaired crashes.
Comparative fault - Florida applies the “modified comparative negligence” standard and a 50 percent bar rule to accident liability. This means that you can file an accident injury claim if you are 50% or less at fault in the crash. Your settlement or verdict is reduced by the percentage of fault you have in an accident. So, for example, if you filed a successful injury claim for $100,000 and you were found to be 25 percent at fault in the accident, your payment would be reduced to $75,000.
Car accident attorney’s skill and experience - One of the biggest factors in whether you are able to recover all of the money you deserve after a crash is the skill of your car accident compensation lawyer. Armando Personal Injury Law has dedicated, aggressive, thorough attorneys ready to handle your car accident claim. We hammer away at the insurance companies until they offer you maximum compensation. If they do not make you a substantial offer, we are ready to bring them to trial.
Tampa car accident attorneys you can trust
Getting your life back on track after a bad car accident is a huge task made even more difficult by the insurance claims process.
It’s unfair to expect people in serious pain to become master negotiators and liability law experts in order to have a shot at getting substantial injury compensation.
That’s why Armando Personal Injury Law doesn’t just level the playing field for our clients. We give you the advantage. Our attorneys have years of experience with the Florida legal system and have developed winning, time-tested negotiation and trial strategies. We take on the insurance companies while you heal.
Get your no-cost legal consultation
If you were injured or lost a loved one in a Tampa area car accident, contact Armando Personal Injury Law to schedule a free case consultation. We represent car accident victims and their families on contingency, which means there is no retainer or hourly rate for you to pay for our services. Our fee is part of your final settlement or verdict. We only get paid when we win.
Contact Armando Personal Injury Law right now to discuss your car accident injury claim in a free case consultation. We are ready to hear from you today.