Car accident injuries, even minor ones, can seriously impact your life or the lives of your loved ones. If you have been injured in a crash, insurance companies may try to offer you a settlement deal right away. But how do you know if you are getting a reasonable settlement compared to the average settlement for a car accident in Florida? What’s the average value of a car accident settlement?
This is where hiring a personal injury attorney can help. Personal injury attorneys specialize in helping accident victims get the most out of their settlements and ensure they are properly compensated for their pain and suffering.
If you or a loved one were injured in a collision in Florida due to someone else’s negligence, speak with the Riverview car accident lawyers at Calandro Law. Our attorneys will fight to ensure you get what you deserve out of a car accident settlement and not simply what the insurance companies think they can get away with.
Common Injuries Suffered During Collisions
Car accidents can be violently forceful collisions that can lead to a wide range of injuries, from minor to severe. People often suffer bruising, soft tissue damage, and lacerations during a car crash. However, some of the most common injuries suffered in a car accident are neck and back injuries.
Common injuries sustained in a collision include:
- Whiplash
- Muscle sprains and strains
- Slipped or herniated discs
- Vertebrae fractures
- Severed spinal cord
- Spinal stenosis
- Paralysis
Any of these injuries can lead to debilitating pain and negatively impact your quality of life. Even a low-impact collision can lead to painful injuries, such as whiplash. Whiplash occurs when the head is jerked forcefully back and forth, causing muscle tears in the neck. This is possibly the most common injury from car accidents because the head is not secured while the torso is.
A doctor should immediately check anyone involved in a car accident for injuries. Accidents cause a large amount of adrenaline to be released into the body and many people may not even realize they have suffered an injury until days or even a week later.
Seeking medical care right away can help you diagnose potential injuries and promptly receive treatment before injuries worsen. Getting examined quickly after an accident and keeping detailed documentation of your diagnosis and treatment can also help strengthen your claim for an insurance settlement or personal injury suit.
Average Value Of A Car Accident Settlement
While the average value of a car accident settlement in Florida can be helpful, it can also be misleading. Every car accident case is unique and has distinctive factors that will impact how insurance adjusters and personal injury lawyers calculate the value of a settlement.
According to the Rocky Mountain Insurance Information Association, the average value of a car accident settlement for bodily injury claims was $15,433 in 2013. However, this figure can be misleading, as your settlement will be determined largely by the unique circumstances surrounding your accident and not by Florida’s average settlement value.
How Is The Value Of A Car Accident Settlement Calculated?
There are several factors that an insurance adjuster and a personal injury attorney will look at to determine the overall value of your claim. These factors can include:
- Severity of injuries
- Medical bills
- Cost of ongoing and future treatment
- Mental, emotional, and physical pain and suffering
- Loss of income
- Impact on quality of life
- Cost of damage to your vehicle
It is important to note that an insurance adjuster’s calculation of a settlement will differ from that of a personal injury attorney.
How Insurance Adjusters Calculate The Value Of A Settlement
When dealing with an insurance adjuster, remember that they work for the insurer. Their job is to analyze the evidence surrounding a claim and use the information to help save the insurer as much money as possible.
What does this mean for your claim? This means insurance adjusters look at your claim differently than personal injury lawyers and will work to reach a settlement that is best for the insurer rather than a settlement that is best for you.
An insurance adjuster will look for any weak points in your case, especially if you are not represented, to exploit and offer a smaller settlement or no payout at all. This is why you should not accept an insurance company’s first settlement offer.
The initial offer will almost always attempt to offer a smaller settlement than you deserve without giving you time to hire a personal injury lawyer. Hiring an attorney can help you get a settlement that considers the full scope of your injuries and suffering.
How Personal Injury Lawyers Calculate The Value Of A Settlement
When a personal injury attorney examines a claim, they see a real individual who has been injured and should be compensated appropriately. A car accident lawyer analyzes the factors of a car accident and looks to get you the most out of your settlement.
Florida is a no-fault state, meaning most minor car accident claims are filed with your insurance company rather than the at-fault driver’s. However, in the case of severe injury and property damage, you may choose to file a personal injury lawsuit with the at-fault driver or their insurance company.
Your attorney will need to find evidence to prove negligence on the part of the at-fault driver or party to win a settlement in a personal injury lawsuit. To prove negligence in a bodily injury claim, you must show:
- The at-fault driver or party had a duty of care to you
- This duty of care was violated by the at-fault driver or party
- Violating this duty of care resulted in injury, loss of income, pain, and suffering, or medical bills for you
Most car accident cases begin with your attorney performing a careful investigation of the accident, looking for evidence of negligence. If negligence cannot be proven, insurance companies and courts may throw out your claim.
However, proving negligence is just the beginning of the process of building a strong settlement case. Your attorney will consider a number of other factors to help strengthen your claim and increase the value of your settlement.
7 Factors That Could Impact a Claim
As we mentioned above, several factors can impact the value of your settlement. Both your attorney and the insurance adjuster will scrutinize these factors looking to either strengthen or weaken your claim.
Type Of Injury Sustained
The type of injuries you have sustained, and the severity of your injuries can have a big impact on the value of your claim. As you would expect, a more serious injury that has a bigger impact on your life and requires more expensive medical treatment usually leads to a higher settlement value than more superficial injuries.
The Need For Ongoing Or Future Medical Care
Car accidents can lead to many injuries that may require ongoing medical treatment. Your injuries may require treatment by specialists, surgeons, and/or physical therapists. The costs of medical care after being involved in a collision can often include:
- Diagnostic testing (X-Rays, MRIs, CT Scans, EMGs)
- Surgery
- Physical therapy
- Back and neck braces
- Medication and pain management services
- Injections to combat swelling and pain
- Wheelchairs, walkers, crutches, or other mobility devices
Combined treatments can become quite expensive, especially when care is ongoing, and you should not have to pay out of pocket for them. Your personal injury attorney will consider these factors and potential future treatment when calculating your settlement’s value.
It is very important to keep accurate and detailed records of any medical care you receive after your accident. This information can have a major impact on your claim.
How Much Is Covered By The Insurance Policy
Florida is a no-fault state for car accidents. This means that you will most likely file an injury claim with your insurance company regardless of who was at fault. The amount you are awarded in a claim can depend on the terms of your policy.
However, if the cost of your ongoing or future medical treatment goes beyond what your insurance policy covers, you can file a personal injury lawsuit against the at-fault driver or their insurance company to recover damages. If the at-fault driver were working during the accident, you would file a claim with their employer’s insurance company.
Impact On Your Ability To Work
The ability to work and earn income for yourself and your family is an essential part of life. If injuries from a car accident have impacted your ability to work, your attorney will consider this when calculating the value of your claim.
For instance, if you could return to work quickly following your accident, you will likely receive a smaller settlement than someone unable to return to work for months or even permanently.
Your attorney will typically consult with a vocational specialist and other experts to determine the potential long-term impact of your injuries on your income over your lifetime.
The Validity Of Your Legal Claims
Understanding the strength of your legal claims is important when fighting for a better settlement. The at-fault driver may try to point the finger at you rather than accept responsibility for the crash. Insurance companies will use any doubts about your claim to offer a smaller settlement or eliminate any compensation.
Having an experienced personal injury attorney can greatly help in these circumstances. Your lawyer will help you understand how the courts will view the validity of your claims and work to build you the strongest possible litigation strategy.
Florida’s Statute Of Limitations
Knowing the statute of limitations regarding car accidents in your state is always important. If you do not file your bodily injury claim within Florida’s statute of limitations, you may lose the right to compensation.
Florida’s statute of limitations regarding car accidents states that you must file your lawsuit within four years of the date of the accident in question. While it seems like a long time to file a suit, remember that it is in your best interest to file a claim as quickly as possible.
Properly investigating an accident, negotiating a settlement, and preparing the case for trial can take a long time. The sooner you act, the fresher the evidence surrounding the case will be, and your attorney will have more time to build a stronger claim for you.
The Overall Impact On Your Quality Of Life
When negotiating a settlement with an insurance company, your lawyer should also consider your car accident’s impact on your overall quality of life. This can include any emotional or mental trauma you have suffered as a result of the accident and treatment to address this trauma, such as therapy.
Also, if you have suffered severe injuries, such as paralysis, it will permanently alter your ability to enjoy life in the way you once had. These factors should be considered when determining the value of your claim.
Should You Hire A Personal Injury Attorney After a Car Accident?
If you are wondering whether you should hire a personal injury attorney following a car accident, the simple answer is almost always a resounding yes! Unless you are a practicing personal injury attorney or are an expert in the laws governing car accidents in Florida, hiring a personal injury attorney will help you get more out of your case than you may have on your own.
Insurance companies will try to exploit your lack of expertise regarding car accident settlements and knowledge of the average value of a car accident settlement in Florida if an attorney does not represent you. Some great reasons to hire a personal injury attorney following a car crash include:
- A personal injury attorney has your best interests in mind and will fight for a best settlement for you.
- Personal injury attorneys do not get paid unless you get paid.
- Car accident claims can be extremely complex and difficult to navigate without the help of a legal expert.
Speak With The Attorneys At Calandro Law Today
If you or a loved one has been injured as a result of a car accident in Riverview, Florida, contact your local attorneys at Calandro Law. Our trial-tested and experienced personal injury attorneys will fight to get you the compensation you deserve for your pain and suffering.
Call (813) 563-6463 or use the form on the right side of this page to schedule a free consultation with Calandro Law today.
