5 Factors That Influence Your Car Accident Settlement

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The Sunshine State is one where thousands of accidents happen every week, and fatalities occur daily on Florida roads. In a state where 21 million people live, 2019 saw 2,950 fatal crashes where 3,183 people died.

Every one of these accidents will undergo a claims process where victims of car accidents seek compensation for the damages they incur due to these tragedies. These numbers only represent fatalities. Hundreds of thousands of Florida residents are injured on the roads every day.

Each of these residents will be seeking settlements or compensation. Here are the top 5 factors that will influence those settlement calculations.

1. Personal Injuries Suffered

Personal injuries are a leading claim after a car accident. Car accidents are divided into reports to law enforcement by the severity of the injuries. Did the person walk away? Is this an incapacitating injury or a non-incapacitating injury?

Medical costs that are incurred as a result of an accident will figure into the payout. That includes any medical expenses that could occur for the rest of your life due to an accident, including transportation to your doctor’s office. Every penny you spend now as a result of an accident could be compensated back to you.

2. Lost Wages and Return to Work Status

Are you unable to return to work right away? Are you now unable to return to work at all? This factors into your car accident settlement.

You may be able to get paid for not being able to work again or for work lost while you recover.

3. Florida Car Accident Pain and Suffering Explained

Pain and suffering is not a colloquial term; it is a trauma to you. You may suffer for that mentally and emotionally for the rest of your life. You could be compensated for that.

Pain and suffering also includes mental anguish. Is there fear, humiliation, depression, anxiety, or any other symptom because of this accident?

  • Trauma
  • Nightmares
  • Sleeplessness
  • Sleeping too much
  • Inability to eat
  • Afraid to leave the house or drive again
  • Chronic pain
  • Loss of consortium (loss of companionship)

Keep a journal of every negative experience you’ve had or are having as a result of this crash.

4. Shared Liabilities and Comparative Fault in Florida

In Florida, statute § 768.81 states that comparative fault rules apply in car accidents. That doesn’t mean you won’t get compensated. It means the party that is most at fault will pay the most damages.

You may be required to pay some damages if you are found to be partly at fault. Comparative fault works by percentages. If you are found to be 20 percent at fault, 20 percent of those damages will be deducted from your settlement.

On the roads, shared liabilities are assumed. That means that, yes, you may have to pay something. You will need help determining this because insurance companies and other parties may want to settle quickly due to this comparative fault rule.

5. Get a Lawyer

Whether or not you have a lawyer will determine if you get a reasonable car accident settlement. Unless you talk to a lawyer, you won’t know precisely what you are entitled to regarding settlements.

Get a Florida personal injury lawyer today, and you will feel more secure about the outcome of your case. Call the Florida personal injury attorney team at Stevenson Klotz Injury Lawyers today at (850) 706-4434, and we’ll take a look at your case for free. Your satisfaction is guaranteed. We want you to get your life back, and we’ll fight for your compensation to get it.

FAQ

What is loss of consortium?

Loss of consortium is loss of companionship after an accident, which could mean that you lost a person due to a fatal crash or lost affection in your life due to this accident. The law acknowledges this suffering and will compensate you for this.

Can a case be decided without my input?

No, it can not. You are a decision-maker here. However, if your case goes to a judge and jury, the decision will be made for you. A settlement, however, is something that you, with the lawyers, will work out. When settled out of court, no decision is made without your input. A lawyer can help you determine if the offers are worth considering or if more negotiation is required.

How long will this take to resolve?

Every case is different. There is no one set timeline. Nobody wants to be involved in a legal battle, and many times cases settle without going to trial.

 

 

 

 

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