5 Types of Compensation You Can Get After a Car Accident

A serious car accident can create expenses and losses that extend far beyond the initial emergency room bill. You may miss work, need months of medical treatment, lose the ability to perform certain activities, or experience pain that affects your everyday life.

That often leads to one of the first questions accident victims ask:

What compensation can I get after a car accident?

The compensation available after a crash generally depends on the severity of the injuries, available insurance coverage, who caused the accident, the evidence supporting the claim, and the laws that apply.

In Florida, the state’s no-fault insurance system can also affect how an injury claim begins. However, people who suffer qualifying injuries may potentially pursue additional damages against an at-fault driver or another responsible party.

Below are five major types of compensation that may be available after a car accident and some of the factors that could affect the value of a claim.

1. Medical Expenses

Medical expenses can make up a significant portion of a car accident injury claim.

Depending on the severity of the crash, treatment may include:

• Ambulance transportation
• Emergency room care
• Hospitalization
• Diagnostic testing
• Surgery
• Orthopedic treatment
• Neurological care
• Physical therapy
• Prescription medications
• Medical equipment
• Follow-up appointments

A claim may potentially include more than the medical bills you have already received.

What About Future Medical Treatment?

Some injuries require treatment for months or years after an accident. A person with a spinal injury, for example, might need ongoing physical therapy, injections, additional imaging, pain management, or future surgery.

Someone who suffers a traumatic brain injury may require neurological care, cognitive rehabilitation, or assistance with everyday activities.

When appropriate, a car accident claim may account for the reasonable cost of future medical treatment related to the accident.

This is one reason accident victims should be cautious about settling a claim before they understand the extent of their injuries. Once a claim is fully settled and a release is signed, obtaining additional compensation later may not be possible.

2. Lost Wages and Loss of Future Earning Capacity

A serious injury can prevent someone from returning to work immediately after an accident.

You may potentially seek compensation for income lost because of:

• Hospitalization
• Medical appointments
• Surgery
• Physical therapy
• Doctor-ordered restrictions
• Temporary or permanent disability

Documentation can be important. Pay records, tax documents, employer statements, medical restrictions, and other evidence may help establish how much income was lost.

What If You Can Return to Work but Cannot Do the Same Job?

Some injuries affect a person’s ability to earn money long after the initial recovery period.

Consider a construction worker who suffers a serious back injury. The person may eventually return to work but no longer be physically capable of lifting heavy equipment or performing the same duties.

Another person may suffer a brain injury that affects concentration, memory, or cognitive processing.

In situations like these, a claim may potentially include loss of future earning capacity.

The calculation can become complicated because it may involve the person’s age, occupation, education, prior income, expected career path, medical limitations, and ability to perform other work.

3. Pain and Suffering

Not every consequence of an accident comes with an invoice.

A person can experience significant physical pain and disruption to everyday life even after the medical bills have been paid. Depending on the circumstances and applicable Florida law, compensation may potentially be available for pain and suffering and other non-economic losses.

Factors that may be considered include:

• Severity of the injury
• Length of recovery
• Physical pain
• Permanent limitations
• Scarring or disfigurement
• Effect on daily activities
• Loss of independence
• Emotional impact of the accident

There is no universal formula that determines what pain and suffering is worth. Our attorneys have handled more than 6,500 accident and injury cases, and can work with you to help evaluate the case value.

For example, a broken rib that heals completely after several weeks is very different from a spinal cord injury that permanently affects mobility. Both may involve pain, but the long-term effect on the injured person’s life may be dramatically different.

Loss of Enjoyment of Life

An injury may also interfere with hobbies, exercise, travel, family activities, or other things that were important before the crash.

Suppose someone regularly ran, played recreational sports, traveled, and spent weekends outdoors before an accident. A serious leg or spinal injury could substantially change those activities.

Those changes may become relevant when evaluating non-economic damages.

4. Property Damage and Other Accident-Related Expenses

Compensation after a car accident may also include damage to your vehicle and certain other financial losses caused by the collision.

Depending on the circumstances, these could include:

• Vehicle repairs
• Replacement value if the vehicle is totaled
• Towing charges
• Storage expenses
• Rental car costs
• Damage to personal property inside the vehicle

There may also be additional out-of-pocket expenses related to a serious injury.

For example, an injured person may need transportation to medical appointments, mobility equipment, modifications to a home, or assistance with activities they temporarily cannot perform.

Keeping receipts and records of accident-related expenses can make it easier to document these losses later.

5. Wrongful Death Damages After a Fatal Car Accident

Some car accidents result in fatal injuries. When that happens, Florida law may allow certain survivors or the decedent’s estate to pursue damages through a wrongful death claim.

The damages available depend heavily on the particular family relationship and circumstances.

Potential damages may include certain:

• Medical expenses related to the final injury
• Funeral and burial expenses
• Lost financial support
• Lost services
• Loss of companionship or protection
• Mental pain and suffering
• Estate-related losses

Florida’s wrongful death laws contain specific rules regarding who may recover particular categories of damages. Families dealing with a fatal accident may benefit from having the circumstances reviewed individually rather than assuming that every relative has the same claim.

No amount of compensation can replace someone who was killed in an accident. A wrongful death case may, however, provide financial support to a family and hold responsible parties accountable for the consequences of the crash. Our Florida wrongful death lawyers have handled many accidental death cases throughout the state.

Example: How Several Types of Compensation Can Apply to One Accident

Consider a hypothetical Florida driver who is stopped at a red light when another vehicle crashes into the back of the driver’s car.

The driver suffers a serious shoulder injury and herniated discs in the lower back. Treatment includes an emergency room visit, diagnostic imaging, injections, months of physical therapy, and eventually shoulder surgery.

The driver also misses three months of work.

Before the accident, the person regularly exercised and participated in recreational sports. After surgery, doctors determine that some limitations may remain.

A potential claim could involve several different categories of damages, including:

Medical expenses: Emergency care, imaging, physical therapy, injections, surgery, and follow-up treatment.

Future medical expenses: Additional treatment that doctors reasonably anticipate may be necessary.

Lost income: Earnings lost during the three months the person could not work.

Pain and suffering: The physical pain and limitations caused by the injuries.

Loss of enjoyment of life: The effect the injuries have on exercise, sports, and other activities.

Property damage: Repairs to or replacement of the damaged vehicle.

The value of the case would not simply equal the medical bills. An attorney may look at the broader effect the accident had on the person’s finances, health, work, and daily life.

What Determines How Much a Car Accident Claim Is Worth?

Two people involved in similar crashes can have dramatically different claims.

Factors that may affect compensation include:

• The nature and severity of the injuries
• Whether injuries are permanent
• Amount of available insurance coverage
• Medical treatment received
• Future treatment recommendations
• Amount of income lost
• Whether liability is disputed
• Strength of the available evidence
• Whether multiple parties contributed to the accident
• Applicable Florida insurance and negligence laws

Insurance companies may also dispute whether certain medical treatment was necessary or whether an injury was actually caused by the collision.

For these reasons, advertisements or online calculators promising an exact settlement value should generally be viewed cautiously. Consider an attorney at the Law Offices of Jason Turchin with more than 20 years of experience and thousands of cases handled for guidance.

What If You Were Partially Responsible for the Accident?

Fault can affect the amount of compensation available after a Florida car accident. For example, an insurance company might argue that another driver caused the initial collision but that the injured person also contributed in some way.

Florida’s comparative negligence rules may reduce or, depending on the circumstances and applicable law, potentially affect a person’s ability to recover damages.

Because fault disputes can significantly affect a claim, evidence such as photographs, witness statements, surveillance footage, vehicle data, and crash reports may become particularly important.

Florida’s No-Fault Insurance System and PIP Benefits

Florida is generally considered a no-fault auto insurance state. Drivers are generally required to carry Personal Injury Protection, commonly called PIP, which may provide certain benefits following a crash regardless of who caused it.

PIP may cover a portion of qualifying medical expenses and lost wages, subject to statutory requirements, limitations, deductibles, policy terms, and other restrictions. For more serious injuries, an accident victim may potentially be able to pursue additional damages against the at-fault party.

Because Florida’s PIP rules and injury thresholds can affect a claim, understanding which insurance coverage applies is an important part of evaluating a case.

Don’t Overlook Available Insurance Coverage

Determining who caused an accident is only one part of evaluating compensation. An attorney may also investigate all potentially available insurance coverage, including:

• The at-fault driver’s liability insurance
• The vehicle owner’s insurance
• Commercial insurance
• Employer coverage when a driver was working
• Uninsured motorist coverage
• Underinsured motorist coverage
• Other potentially applicable policies

For example, someone seriously injured by a driver with minimal insurance coverage may have an underinsured motorist claim through their own policy, depending on the coverage purchased. Our Florida car accident lawyers can help you file a UM claim.

Identifying all available sources of recovery can be particularly important in catastrophic injury cases.

Should You Accept the Insurance Company’s First Settlement Offer?

It depends on the circumstances, but accepting an early offer before understanding your injuries can create problems. An insurer may make an offer shortly after the crash, sometimes before the injured person has completed treatment.

At that point, you may not yet know whether you will need:

• Surgery
• Additional therapy
• Pain management
• Future diagnostic testing
• Long-term medical treatment

A settlement generally involves signing a release that ends the claim. Before doing so, it may be helpful to understand both your current losses and reasonably anticipated future damages.

How a Car Accident Lawyer May Help

A car accident attorney may help investigate the collision and evaluate the different types of compensation potentially available.

Depending on the case, this could include:

• Obtaining crash reports
• Preserving photographs and video
• Interviewing witnesses
• Reviewing insurance policies
• Gathering medical records
• Documenting lost wages
• Evaluating future medical needs
• Identifying additional responsible parties
• Negotiating with insurance companies
• Filing a lawsuit when appropriate

At the Law Offices of Jason Turchin, we can evaluate the circumstances of each accident individually rather than assuming every injury claim should be handled the same way.

Frequently Asked Questions About Car Accident Compensation

How much money can I get after a car accident?

There is no standard amount. Compensation depends on the injuries, financial losses, insurance coverage, liability, evidence, and other circumstances surrounding the accident. Experience of your attorney can also make a difference.

Can I recover money for pain and suffering?

Potentially. Florida law may allow qualifying accident victims to pursue non-economic damages such as pain and suffering, depending on the nature of the injuries and other factors.

Can I recover future medical bills?

Potential future medical expenses may be part of a claim when there is evidence showing that additional treatment will reasonably be necessary because of the accident.

What if the driver who hit me does not have enough insurance?

You may have additional options, including uninsured or underinsured motorist coverage, depending on your policy and the circumstances.

Can I recover lost wages if I used vacation or sick days?

Potentially. The fact that an employer continued paying you does not necessarily mean the loss of accumulated leave has no value. The specific circumstances should be evaluated.

What if my car accident injuries become worse later?

This is one reason it may be important to understand your medical condition before resolving a claim. Once a final settlement and release are completed, you generally cannot return later and request additional compensation from the released parties for the same claim.

Do I need a lawyer after every car accident?

Not every collision requires an attorney. However, legal guidance may be particularly useful when injuries are serious, fault is disputed, multiple insurance policies are involved, or an insurer disputes or undervalues the claim.

Talk With the Law Offices of Jason Turchin About a Car Accident Claim

Compensation after a car accident is often about more than paying an emergency room bill. A serious crash can affect your health, income, family, independence, and quality of life. Understanding the full extent of those losses may be important before accepting an insurance settlement.

If you or someone you love was injured in a car accident, the Law Offices of Jason Turchin can review the circumstances, explain the types of compensation that may be available, and discuss your legal options.

Call (800) 337-7755 or chat with us for a free consultation. Qualifying personal injury cases may be handled on a contingency fee basis, meaning there are no attorney’s fees or costs owed to our firm unless there is a recovery.