Blog Car Accidents

How The Car Accident Settlement Process Works in Florida

In case you have been injured in a automotive accident, you’ve almost certainly experienced some vital out-of-pocket expenses from medical payments in addition to misplaced wages from not with the ability to return to work throughout your recovery course of. Along with the financial strain a automotive accident causes, you additionally might expertise ache and emotional suffering.

To recuperate what you might have misplaced in a automotive accident, you need to get one of the best automotive accident settlement potential. And you’ll need to know how the automotive accident settlement process really works before you call an auto accident lawyer.

The automotive accident settlement course of works on the following elementary proposition: in case you have suffered damage and inconvenience because someone else didn’t do what he or she was presupposed to do (negligence), then you’ve got the proper to be put again into the same place in which you have been earlier than the accident.

In this guide, we’ll present useful information about the automotive accident settlement process.

Accident Settlement Process & Timeline


As a driver in Florida, it’s essential to know when to contact regulation enforcement relating to an accident. If the accident includes an damage, dying, or property injury larger than $500, a police officer or sheriff’s deputy must be referred to as out to the scene to file a report. If the accident doesn’t require a police report back to be filed, the driving force still must file an accident report inside 10 days.

Drivers concerned in an accident are required to offer “reasonable assistance” to anybody who could also be injured and are also expected to trade info with another drivers concerned. We advocate that you simply also get the names and telephone numbers of witnesses, document the climate and street circumstances, and take pictures of all automobiles involved. Even for those who really feel that you simply have been at fault, it’s necessary to by no means assume duty for the accident while speaking with an investigating officer.


Florida’s “no-fault” insurance system signifies that each particular person’s insurance coverage provider will cowl their own payments and bills, regardless of fault. Nevertheless, it’s attainable to pursue a declare towards the at-fault driver’s insurance coverage firm for property injury to your car.

Contact your insurance coverage supplier as quickly as attainable following the accident to seek out out what steps must be taken in order to efficiently file the declare. If medical consideration is required, do not wait to see a physician.


In Florida, the statute of limitations for a car accident will depend on if the accident induced an damage or a dying. If there was an damage brought on by the accident, or if there was injury to your car, a lawsuit may be filed up to 4 years after the date of the accident. If someone dies as the result of a automotive accident, a wrongful demise lawsuit have to be filed inside two years after the date of the individual’s dying.


Settlement amounts range tremendously depending on the severity of the accident. If there was only car injury, the insurance company will only pay out the “reasonable” value of the car’s repair or alternative. As beforehand mentioned, if property injury exceeds $500, you could possibly struggle for a settlement from the other driver to cover your car/property restore or alternative costs.

For those who’ve suffered an damage from the accident, this portion of your settlement case is negotiated individually from the property injury portion. The amount paid out by insurance coverage is often decided by medical payments, lost wages, and the extent of accidents as decided by a medical professional.

Ache and struggling settlements compensate for previous and future discomfort stemming from injuries suffered in the course of the accident. Completed medical remedy and a release from a physician are required earlier than submitting this portion of a settlement claim. Insurance coverage will solely pay out one settlement as ache and suffering compensation, so it’s essential to know your medical situation and if any further healthcare could also be required later in your life. Subsequently, it’s essential to consult with a personal damage lawyer to debate a settlement that includes residual pain and medical care in order to make sure that you don’t waive your choices involving future medical care.


In Florida, nearly all of drivers solely carry $10,000 in medical care coverage on their vehicle insurance insurance policies. When you’ve been in an accident that has brought on your payments to start out piling up, it is advisable to have an experienced automotive accident lawyer in your nook — because your accident settlement is much more essential in this example. Drawing from our experience working with tons of of shoppers who have been injured in a automotive accident, let’s talk about a few of the commonest expenses.


Medical payments from a collision can differ enormously depending on the severity of the accident. Minor accidents might require a go to to the emergency room or to a chiropractor for a stiff neck or back. More critical accidents can rack up even more payments, ranging from ambulance transport from the scene of the accident to the hospital, to the ER physician, hospital, and radiology payments (all separate payments from the identical visit!), to post-care providers like physical therapy or in-home care. It’s essential to keep detailed data and copies of all bills following an accident.


As beforehand mentioned, if your car has greater than $500 value of injury, you possibly can seek reimbursement in your settlement from the other driver’s insurance company. If there have been different personal gadgets of value in the car that have been damaged or lost in the accident, those gadgets can be included in your settlement.


We all the time hope that our shoppers don’t need treatment to treat pain or illnesses brought on by the accident, but the unlucky fact is that many purchasers find yourself with multiple prescriptions to help them go about their day-to-day lives comfortably. The prices of medicines are usually coated by your medical insurance coverage, nevertheless it’s nonetheless necessary to keep all data of prescriptions written by the medical professionals who handled you after the accident.


The common value of a hospital stay in Florida is $1,500 to $2,250 per day. Whereas most automotive accident accidents don’t require an in a single day hospital stay, some injuries require prolonged remark. For instance, when the top, neck, or spine is injured. We advocate you keep copies of all bills to share together with your personal damage lawyer.


Critical accidents can depart drivers and/or passengers in dangerous form. In lots of instances, critical accidents include vital recovery occasions. During that recovery time, rehabilitation and bodily therapy are needed to restore range of movement, flexibility, and power.


When an accident leaves a driver or passenger injured and unable to point out up for work, the question of who will make up for the lost wages comes into query. Discussing your misplaced wages is necessary throughout an preliminary session with an auto accident lawyer. The lawyer ought to be capable of give you an actionable plan to make sure that you and your loved ones are usually not going to go without during your recovery interval.


Wheelchairs, crutches, ramps, and accessibility instruments for getting around the house are just some of the dozens of pieces of medical gear that might be required for post-accident recovery. While medical insurance typically covers these things, it’s necessary to save lots of all receipts and documentation for any medical gear. Typically, these prices could be included in a settlement payout.


There are an estimated 27 million People who are usually not at present enrolled in a medical insurance program. Not carrying a medical insurance policy can result in an incredible quantity of payments that have to be paid out of pocket. Hold a report of any and all out-of-pocket expenses brought on by the accident and remember to share them together with your automotive accident lawyer.


Because of the unique nature of every accident and subsequent claim, there isn’t a “formula” for calculating the amount that might be paid out for an accident settlement. One area that insurance coverage corporations give attention to when determining a payout is what is referred to as “special damages.” These damages encompass financial losses ensuing from the accident reminiscent of medical bills and lost wages. The insurance company’s objective is to shut in on an quantity that a jury would award if the accident case goes to trial. The commonest determining factor in the payout amount of an accident settlement includes placing a monetary worth on the amount of pain and struggling brought on by the accident.


For those who have been just lately in an accident and sustained injuries that prompted monetary losses, our staff at Denmon Pearlman is right here that will help you get back in your ft. Let certainly one of our skilled auto accident legal professionals look into the small print of your accident, together with your medical expenses and/or misplaced wages, to determine what kind of settlement might be anticipated. Your consultation with Denmon Pearlman is a totally FREE service that we offer to potential shoppers to assist them understand what they could stand to realize by submitting for a settlement. For extra info, please contact Denmon Pearlman at 1-888-992-7947. Our regulation firm has 4 places in Tampa Bay.