If you’ve been in a car accident in Florida, you probably have many questions about settlements, insurance claims, and what steps to take next. The legal process can be confusing, especially if you’re dealing with injuries, lost wages, and medical bills. In this guide, we’ll break it all down for you in a simple, easy-to-understand way.
For professional legal assistance, consider reaching out to Jared Spingarn, P.A., an experienced attorney who can help you navigate your case.
1. How Do Florida Car Accident Settlements Work?
Florida operates under a no-fault insurance system, which means that after an accident, your Personal Injury Protection (PIP) insurance covers your medical bills and lost wages—regardless of who caused the accident. However, if your injuries are severe, you may be able to step outside of the no-fault system and file a claim against the at-fault driver.
The settlement process generally follows these steps:
- Filing a claim with your own insurance company (PIP coverage)
- Determining if your injuries qualify for a personal injury lawsuit
- Negotiating with the at-fault party’s insurance
- Settling the case or proceeding to court
2. What Damages Can I Recover in a Florida Car Accident Settlement?
In a Florida car accident claim, you may be able to recover economic and non-economic damages, including:
- Medical expenses (current and future)
- Lost wages and future loss of income
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
The total settlement amount depends on the severity of your injuries, the extent of your financial losses, and how effectively your lawyer negotiates on your behalf.
3. How Long Does It Take to Settle a Car Accident Claim in Florida?
The time it takes to settle a claim varies. Some cases are resolved within a few months, while others may take a year or more, especially if they go to trial. Factors affecting the timeline include:
- Severity of injuries
- Complexity of the case
- Willingness of the insurance company to settle
- Whether the case goes to court
An experienced attorney like Jared Spingarn, P.A. can help speed up the process by negotiating efficiently with insurance companies.
4. Do I Need a Lawyer to Settle a Florida Car Accident Claim?
While it’s possible to handle a claim on your own, having a lawyer significantly improves your chances of getting a fair settlement. Insurance companies often try to offer lowball settlements, and an attorney can:
- Assess the true value of your claim
- Negotiate with insurance companies
- Represent you in court if needed
- Ensure you don’t settle for less than you deserve
5. What Is Florida’s Statute of Limitations for Car Accident Claims?
Florida law allows accident victims two years from the date of the accident to file a personal injury lawsuit (as of recent legal updates). Missing this deadline could result in losing your right to compensation. However, certain exceptions might apply, so consulting with an attorney is always recommended.
6. What Should I Do After a Car Accident in Florida?
To protect your rights and maximize your settlement, follow these steps after an accident:
- Seek medical attention (even if injuries seem minor)
- Call the police and get a report
- Gather evidence (photos, witness contacts, insurance details)
- Notify your insurance company
- Consult an attorney before accepting any settlement offers
FAQs About Florida Car Accident Settlements
Q: What if the other driver was uninsured?
A: You may still be able to recover damages through your uninsured/underinsured motorist coverage if you have it. Otherwise, suing the driver personally is an option, but collecting compensation may be difficult if they lack assets.
Q: Can I still get a settlement if I was partially at fault?
A: Yes, Florida follows a comparative negligence rule, meaning your settlement amount may be reduced by your percentage of fault. For example, if you were 20% at fault, your settlement would be reduced by 20%.
Q: Will my case go to court?
A: Most cases settle out of court. However, if negotiations fail, going to trial may be necessary to get fair compensation.
Q: What if the insurance company denies my claim?
A: If your claim is denied, you can appeal the decision or file a lawsuit against the insurer with the help of an attorney.
Conclusion
Florida car accident settlements can be complex, but understanding your rights and working with a skilled attorney can help you get the compensation you deserve. If you’ve been injured in a car accident, don’t navigate this process alone.
For expert legal advice and assistance, reach out to Jared Spingarn, P.A. today and take the first step toward securing your rightful settlement.
