What is the Average Car Accident Settlement in Florida?

Understanding exactly how much you may recover through a vehicle accident settlement in Florida is challenging. The reality is that no two car accident claims are exactly alike, as there are a multitude of factors that can affect the course of the case. Here, we want to review a few things you should be aware of as you work to recover compensation for your losses, including the no-fault insurance rules in Florida as well as what it takes to step outside of the no-fault insurance process to file a personal injury lawsuit. You may need to speak to a St. Petersburg personal injury lawyer as you proceed with a claim.

Florida’s No-Fault Insurance Maximum Payouts

Florida is a no-fault insurance state, which means drivers must turn to their own insurance policies to recover compensation for certain damages, regardless of who caused the accident. Every driver in Florida is required to carry a minimum of $10,000 in Personal Injury Protection (PIP) coverage.

PIP insurance covers:

• Medical expenses up to 80% of the cost.
• Lost wages up to 60% of your regular income.
• A small amount for household services you cannot perform due to injuries.

However, PIP insurance has its limitations. The policy only covers up to $10,000, which may not be sufficient for severe injuries, such as traumatic brain injuries, or significant property damage. Additionally, it does not cover pain and suffering or other non-economic damages.

For minor accidents with low medical costs, PIP insurance might provide adequate coverage. But in more serious cases, injured parties often need to step outside the no-fault system to recover additional compensation.

What Are the No-Fault Thresholds in Florida?

To file a personal injury lawsuit against another driver and seek compensation beyond PIP coverage, your injuries must meet Florida’s no-fault threshold. These thresholds are designed to reserve lawsuits for more serious cases and include:

• Permanent injury: This can involve a loss of significant bodily function or a permanent disfigurement, such as amputations or severe burns.
• Significant scarring: Severe and noticeable scarring or disfigurement qualifies as a threshold injury.
• Death: Fatal injuries automatically meet the threshold, allowing surviving family members to pursue a claim in court. This will generally be a wrongful death claim.

Once you meet this threshold, you are no longer bound by the no-fault system and can file a claim against the at-fault driver. Doing so allows you to seek compensation for damages not covered by PIP, including pain and suffering, emotional distress, and other non-economic losses.

How Much Could a Personal Injury Claim Pay Out?

If you step outside the no-fault system to file a personal injury lawsuit, the potential settlement amount will depend on several factors, including:

• The severity of your injuries: Serious injuries, such as spinal cord injuries, typically result in higher settlements due to extensive medical expenses, long-term care needs, and significant lifestyle impacts.
• Medical expenses: Your settlement will likely include reimbursement for past, current, and future medical costs related to the accident.
• Lost wages and earning capacity: If your injuries prevent you from working, you can recover compensation for lost income as well as reduced earning potential.
• Property damage: The cost of repairing or replacing your vehicle is usually factored into the settlement.
• Non-economic damages: Pain and suffering, emotional distress, and loss of enjoyment of life can contribute significantly to the value of a claim.

In Florida, car accident settlements typically range from $10,000 for minor injuries to hundreds of thousands (or even millions) for catastrophic injuries or wrongful death cases.

Factors That Influence Settlement Amounts

Several additional factors may impact your settlement amount, including:

1. Liability: If the at-fault party disputes responsibility for the accident, this could delay the settlement process or reduce the amount offered.
2. Insurance limits: The at-fault driver’s insurance policy limits may cap the total dollar figure you can recover, regardless of the damages you suffered.
3. Comparative negligence: Florida follows a comparative negligence rule, which means your compensation can be reduced by your percentage of fault in the accident. For example, if you are found to be 20% at fault, your settlement may be reduced by that percentage.
4. Legal representation: Working with an experienced St. Petersburg accident lawyer often results in higher settlements, as they know how to negotiate with insurance companies and present a compelling case in court if necessary.

Contact Our Car Accident Attorneys Today

If you or a loved one has been injured in a car accident in Florida, understanding your legal options is the first step toward securing the compensation you need. At Salter, Healy, Rivera & Heptner, our experienced team is dedicated to helping accident victims navigate Florida’s complex legal system and maximize their settlements.

Contact our St. Petersburg accident lawyers today through our online form for a free consultation to discuss your case and learn how we can help.