What Compensation Could an Injured Person Get if Hurt in a Florida Car Accident?
The compensation received by someone injured in a Florida car accident varies greatly depending on many factors including the type of Florida accident, various damages, lost income and the severity of the injuries. Since every accident is different and may have caused several financial and health problems for the injured person, there is no set amount for a car accident settlement. An experienced car accident attorney in Florida that victims hire can address the issues of the physical, mental, and financial difficulties that were caused by the accident.
Factors that go in to a settlement amount
A settlement amount or court awarded compensation has several factors. these may include:
- Past pain and suffering
- Future pain and suffering
- Lost wages
- Out of pocket expenses
- Insurance copayments
- Past medical expenses
- Future medical expenses
- Health insurance lien subrogation reimbursement
- Punitive damages
- Attorneys fees
- Court costs
The settlement amount may reflect the costs of the medical bills for treatment that was necessary due to the car accident and an estimate of future medical bills. If the injuries from the accident cause permanent limitations, stop the person from doing activities they used to do, or are expected to cause additional problems, the settlement or judgment may be higher due to these problems.
Other factors that can affect the settlement amount include the injured person's age, the strength of the testimony by witnesses, liability of the settling party, and the income changes caused by the accident. Lost income also is taken into account when determining the compensation the injured person should receive. The settlement amount may reflect changes in the person's earning capacity or if the injured person can no longer do the job they had before the accident.
Compensation for damages can include an amount for pain and suffering. Unlike medical bills that are for a specific sum of money, pain and suffering seem like an arbitrary amount. No one can put a price tag on pain and suffering, though in a settlement we have to try to in order to reach a settlement. Several things can affect the amount awarded for pain and suffering including any injuries present before the accident such as a person who has chronic back pain who is claiming that an accident caused an aggravation of pre-existing back pain. The accident may have aggravated the person's condition, but the amount assigned for pain and suffering may be lower if the health condition existed before the accident.
Florida Car Accident Law and Impact on Settlements
In most Florida car accidents that cause injuries, each driver's insurance company pays for their injuries, up to a certain amount. Florida has a no-fault accident law. Regardless of who caused the accident, the compensation for most medical care or lost wages caused by injuries is the responsibility of the insurance company of the injured person. However, the injured person may sue the other driver if the injuries cause permanent limitations or disabilities, or if there are lost wages, out of pocket expenses or things not covered by other insurance. In those cases of serious injuries, the person can seek financial compensation for damages from other people who caused the accident. These damages may include pain and suffering.
If the person did not receive permanent injuries in the accident, the car accident victim in Florida may be limited in the settlement you may obtain. Without a permanent injury, the insurance company may offer a very low settlement. Some companies, like Allstate, often only offer your out of pocket expenses.
Your Florida accident lawyer should work to obtain the highest settlement you are entitled to. An insurance company typically tries to keep payouts to a minimum. It is important for a victim of a Florida car accident to consult an experienced attorney to protect the interests of the injured person. The attorney should be well versed in Florida's car accident law and very experienced in settlement negotiations to help obtain the most money possible for you to compensate you for your injuries.