How to negotiate a fair settlement for your car accident injuries in Tampa, FL (2023)

FAQs

What is the average settlement for car accident pain and suffering in Florida? ›

The average number stated among Florida law resources for car accident settlements is anywhere from $10,000 to $60,000 or more. As you can imagine, settlement amounts can vary depending on a wide range of factors.

Generally speaking, there is no cap on the amount of damages that can be awarded for general pain and suffering in Florida. However, if the lawsuit involves medical malpractice, then there is a limit of $500,000 that can be awarded.

If your employer retaliates or refuses to take corrective action, you can and should file a Florida lawsuit against your employer. U.S. Courts have long held that employees can sue their employers for emotional distress if they are responsible for that distress through action or irresponsible inaction.

It will usually take between four to six weeks for a person to receive their personal injury settlement check in Florida. However, this does vary depending on the extent of your injuries and the complexity of the car accident claim.

If your insurance settlement is too low, you can negotiate. As stated, insurance adjusters fully expect negotiations to occur — it's a typical part of the process. Before negotiating a new settlement offer, it's helpful to have a rough idea of how much you'd be happy to accept.

Negotiating a Settlement

Both parties often go back and forth, trying to reach a number that works for both sides. Insurance companies do not like to pay out much on injury claims, so it might take time to negotiate. Most of the time, settlement negotiation takes a few weeks or months after getting the first offer.

The average settlement negotiation takes one to three months once all relevant variables are presented. However, some settlements can take much longer to resolve. By partnering with skilled legal counsel, you can speed up the negotiation process and secure compensation faster.

The insurance company pays up to the policy limits. They also reduce the settlement by the amount of any applicable deductible. Car insurance coverage can limit the amount of a settlement even if the damages are greater than the policy limits.

How long does it take to receive compensation after accepting offer? ›

Most states have laws requiring insurance companies to accept or deny claims within a specific period after they've been submitted, often around 30 days.

Some insurers let you ask for a cash settlement. But be careful – you could end up being out of pocket, as many will only pay what it will cost the insurer to rebuild, not what it will cost you to rebuild.

Under Florida's no-fault law, which is §627.737, subsection two, a permanent injury is: a) significant and permanent loss of an important bodily function; b) permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement; c) significant and permanent scarring or disfigurement; ...

To calculate pain and suffering, Florida juries can consider a variety of factors, including: The severity of your injuries. The limitations your injuries impose on your daily life. Past, current, and future suffering caused by the injury.

If you have settled your personal injury claim, your attorney will receive the settlement check from the insurance company in the mail. He/she will deposit the check into their client trust account, and transfer the money to you accordingly.

Yes, Florida does allow accident victims to recover damages for pain and suffering from an auto accident in certain situations. Pain and suffering are considered a “non-economic” damages. Unlike, for example, medical bills, there is no clear monetary value for pain and suffering.

What Is the Florida Impact Rule? Florida's Impact Rule is a law that allows someone in a personal injury lawsuit to recover damages for emotional injuries, even if there was no physical impact or touching of any kind during the incident in question.

While Florida does not have a cap on damages for pain and suffering in general, it does limit such awards to $500,000 for medical malpractice claims (though there are exceptions).

According to the car accident settlement examples listed on this page, the average Florida car accident settlement is anywhere from $300,000 to $6,100,000. Settlements depend greatly on the unique circumstances of each case which is why there is no accurate average settlement amount for car accidents in Florida.

To sum it all up, the injured person is ultimately responsible for his or her own medical bills following a car accident in Florida. Your PIP insurance will cover the first 80 percent, followed by your primary health insurance.

What percentage does a lawyer get in a settlement case in Florida? ›

If your case settles after the lawyer files a lawsuit (which means a lot more work for the lawyer), the vast majority of lawyers will take 40% off the top of your recovery. You should expect to pay 40% if: you have serious injuries.

Although it's fair to want the best price possible, how much you pay for auto insurance does not have room for negotiation. However, understanding how insurance companies set rates and the factors that affect them may help you achieve a lower rate.

When the insurance company thinks the victim is partially at fault or that he or she does not have a strong case, they may be more likely to make a lowball offer. The insurance company does not feel much pressure if they think you have a weak case.

What percentage should I offer a full and final settlement? It depends on what you can afford, but you should offer equal amounts to each creditor as a full and final settlement. For example, if the lump sum you have is 75% of your total debt, you should offer each creditor 75% of the amount you owe them.

Better Alternative – If your BATNA (Best Alternative To a Negotiated Agreement) far surpasses your need to negotiate, then don't negotiate. Having a superior BATNA that exceeds even the best possible outcome of any negotiation scenario, is simply a waste of time.

As a general rule, the personal injury lawyer will receive 33% of the final settlement amount in the case. However, cases that go to trial often incur different costs. The goal of this fee structure is to minimize the client's financial risk in hiring an attorney to represent them.

How long does it take to get a settlement check from a car accident? This depends on the facts of your case, but in general, anywhere between 9-18 months.

Negotiation and Mediation (2-4 Weeks)

Most personal injury lawsuits in Florida are settled before they go to trial because settling saves both parties time and money. Settling cases out of court also allows insurance companies to keep the details private.

Attorneys can present various pieces of evidence, such as expert testimony, accident reconstruction, and official documents, to negotiate for higher settlements. They may also gain leverage by threatening to take legal action on behalf of their clients.

How can I get my insurance company to pay faster? ›

Typically, it can take anywhere from one to two weeks for the insurance company to respond to your demand letter. Then it can take anywhere from weeks to months until you reach a settlement that you will accept. Some people accept the first or second offer, while others may accept the third or fourth counteroffer.

A reasonable amount of time to respond to a counter offer is within 24-48 hours. This allows the employer to make a well-informed decision and also shows respect for the candidate's time. It might take a few days in certain situations, like when a budget needs to be approved.

The cash value feature is included on permanent life insurance types like whole life and universal life. Since final expense life insurance is a type of whole life, it can also have cash value and can be a more affordable option for obtaining a policy with cash value.

A policy that provides actual cash value coverage typically reimburses you for the depreciated value of an item. For example, if a fire damages your TV, a policy with actual cash value coverage would reimburse you for its depreciated value, which may be less than it will cost to purchase a new one.

A cash settlement may be offered so that you can manage the repair or rectification works yourself. A cash settlement can be for part of the repair or for the entire amount of your claim. If you accept a cash settlement, your insurer may not guarantee the quality and workmanship of the repairs.

(a) “Serious bodily injury” means an injury to a person, including the driver, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ.

How much is bodily injury in Florida? ›

Minimum bodily injury coverage can be $10,000 per person/$20,000 per accident. Recommended coverage is generally higher, and can range from $15,000/$30,000 to $250,000/$500,000 or more. As explained below, you must have bodily injury coverage in order to be eligible to purchase Uninsured Motorist (UM) coverage.

Some examples of the most common injuries which are considered permanent disability include: Post-traumatic stress disorder. Amputation. Cardiovascular or respiratory disease.

Any compensation you receive because of physical injuries or sickness is not taxable. That includes all medical bills, whether they are for emergency care, physical therapy, follow up visits, or nursing care.

Generally speaking, there is no cap on the amount of damages that can be awarded for general pain and suffering in Florida. However, if the lawsuit involves medical malpractice, then there is a limit of $500,000 that can be awarded.

Under Florida law, to state a cause of action for intentional infliction of emotional distress, a complaint must allege four elements: (1) deliberate or reckless infliction of mental suffering; (2) outrageous conduct; (3) the conduct caused the emotional distress; and (4) the distress was severe.

A PFS Florida is good for 30 days once delivered to the opposing party. The offeree must accept the settlement within those 30 days, otherwise, the court considers the offer rejected. One party's rejection of a PFS does not preclude later PFSs being made afterward.

PIP covers 80 percent of all necessary and reasonable medical expenses up to $10,000 resulting from a covered injury, no matter who caused the crash. PDL coverage pays for damage to another person's property caused by you or someone else driving your insured vehicle.

Florida law, although complex, does allow accident victims to recover compensation for pain, suffering, emotional distress and mental anguish. To recover this compensation, however, the victim's injuries must meet the statutory standards for severity.

How much can someone sue for a car accident? In Florida, there is no limit on the amount of compensation that someone can sue for as because of a car accident.

Once the attorney has argued for emotional distress damages, he or she will then calculate a settlement amount using what's called a “multiplier method.” It works by adding up all the tangible or economic damages, like medical costs and lost wages, and then multiplying that sum by a given number, usually between 1.5 ...

How much does steroid injection increase settlement? ›

There is no set dollar amount by which injections increase your settlement amount. Some people may find relief with a single shot, while others may need multiple injections over one or more years. Developing side effects can impact your potential settlement value.

There's no average settlement when airbags fail to deploy. This depends on several factors. Multiple parties can be at-fault for the defective airbag. A lawyer can help you establish who's the at-fault driver when an accident occurs and help you get a fair amount of damages.

How much Can You Sue for Pain and Suffering? In general, there is no limit to the amount you can sue for these damages. However, some states have damage limit caps on these damages. This means there is a limit on this type of damage in a lawsuit.

When negotiating a claim, the at-fault party's insurance adjuster will determine the sum of all medical expenses resulting from the accident, which are known as medical special damages, or special damages.

In most cases, in the state of Florida, a personal injury attorney will charge between 10% and 45%, with the average being 33.33%. It's worth mentioning that you can negotiate this amount if needed.

Can you sue for PTSD after a car accident in Florida? Yes, you can.