The first step in negotiating a settlement for a car accident or personal injury claim is calculating a reasonable amount of money you would accept to give up your legal claim.
Most insurance companies and auto accident attorneys rely on one formula or another to get a starting point for settlement talks. This is true for a bodily injury claim in a car accident case, a slip and fall injury claim, or any other personal injury case.
If you’re curious what your car accident case is worth, simply fill out the form below and hit Submit. We will be in touch soon to review the details of your case and help you determine what it’s worth.
This is not legal advice and we’re not your lawyer.
The form gathers information about your accident so that we can review your case and provide you with feedback during a free case review.
Everything You Need To Know About A Florida Auto Accident Settlement
If you have been in an auto accident, you may be wondering what to do next. There are a number of factors that will affect your decision. In Florida, an auto accident settlement is the process of settling your claim (or lawsuit) against the person who caused your injury. You may not need to take legal action if you do not have injuries or damages to pay for; however, most people want closure after an ordeal like this and a financial payout does help bring finality to a situation.
What to Do After An Auto Accident
There are a few steps you need to take immediately following an auto accident:
- Seek medical attention: You will want to make sure your injuries are monitored and that there is no internal damage or concussion. Additionally, injured passengers should be evaluated at the scene by paramedics.
- Save evidence: After an accident, the scene must be preserved. You can take pictures, video and other physical evidence of the events and be sure to get contact information for witnesses to the accident. This will help you later when filing your claim with your insurance company or if you choose to pursue a lawsuit.
- Be aware of deadlines: Your state may have different laws regarding auto accident settlements but in Florida, there is a statute of limitations that requires you to file your claim within two years of the accident.
You should be aware that the personal injury protection (PIP) benefit coverage on your auto insurance policy will only pay for medical expenses up to $10,000 and income lost from missed days at work, not pain and suffering or other damages. If you do not have enough PIP coverage to pay for your medical bills, you will need to file an auto accident lawsuit against the person who caused your injury and prove that they were at fault for causing the wreck.
State laws and auto accident settlements
The state of Florida has different laws depending on whether you are filing your claim directly with the insurance company or if you have hired a lawyer to file in court on your behalf. If you choose to hire a lawyer, he/she will handle everything for you and protect your rights.
Rules for filing a lawsuit in Florida
In the state of Florida, if you hire a lawyer to handle your auto accident settlement, there are some rules you must follow when filing a suit against someone who injured you.
- Filing within six months after receiving your bill from your doctor or health care provider.
- Using the correct language and format when filing your lawsuit in court.
- Filing all paperwork with the clerk of courts within 30 days following the deadline for the statute of limitations.
If you do not follow these steps, you may lose your right to file a claim and be compensated for damages.
How long does it take for my insurance company to settle?
After you have filed your claim, there are several things that may happen:
- Your health care providers will submit bills to your auto insurance company
- The attorneys from the insurance company contact you for more information
- The auto insurance company will offer a settlement amount that they think is fair and you can choose to accept it or not. If the amount is too low, you can sue in court.
- You can file a lawsuit in court without ever accepting an initial settlement offer from the insurance company
The time your claim takes can vary depending on whether or not you have filed with your auto insurance company before pursuing legal action. If you have, the lawsuit process will be much faster than if this is the first time you are filing a claim.
Keep in mind that insurance companies may try to settle with you as quickly as possible because they want to avoid paying for damages and injuries caused by a car accident. They might also try to set up medical appointments so that your injuries do not get worse and the cost of treatment goes up.
Filing a claim with your insurance company does not eliminate your right to pursue legal action if you feel that the settlement was too low or if you were pressured into accepting an offer. This is why it is important to hire a lawyer who will make sure that you get fair compensation for your injuries.
What is the deadline when filing my insurance claim?
The statute of limitations (SOL) in Florida has changed over time, however, the current rule for personal injury claims for an auto accident that occurred after October 1st 2010, you have four years from the date of the accident to file a claim.
Filing deadlines are crucial when it comes to filing a claim. If you miss the deadline, you may not be able to recover compensation for the damages and injuries caused by the accident. This is why it is important that you hire a lawyer who will make sure that all of your paperwork is filed correctly and on time.
Who pays for the damages and injuries caused by a car accident?
Depending on the circumstances of your case, you can file an insurance claim with your own auto insurance company or against other liable parties. In order to determine who will be held responsible for the damages and injuries of your accident, an experienced attorney needs to conduct thorough investigations into all aspects of your case.
All insurance companies are not the same, which is why it’s important to hire an attorney who is familiar with your case and understands both Florida laws as well as the laws of each insurance company that might be involved.
An auto accident lawyer will conduct a thorough investigation so that they can identify all potential at-fault parties. In order to conduct an investigation, they will have to obtain a police report, hire investigators who will collect important evidence such as photos that can be used in your case. They will also contact doctors and ask for medical records that show the extent of your injuries.
How long does it take to settle an auto accident claim?
Settling your case can be a very complicated and lengthy process, but the good news is that you don’t have to run around doing everything by yourself. Your attorney will work on all aspects of your case and keep you updated with any important information.
When it comes to deadlines such as filing a lawsuit, settlements can take anywhere from one month to several months. If you have suffered serious injuries in the accident and the other auto insurance company is refusing to offer fair compensation, then your lawyer will ask for an extension on those deadlines.
If you are hurt in an auto accident or if you lost someone close to you due to the negligence of another driver, then it is important that you hire a lawyer who will make sure that all aspects of your case are investigated properly. Some insurance companies might want to settle your claim quickly in order to avoid any future liability, but this could be detrimental because they might not take your injuries and damages seriously.
How To Handle A Florida Auto Accident Settlement
If you have been in an auto accident, then it is important that you hire a lawyer who will be able to represent your best interests in court. An attorney can also help you through the entire process by providing you with advice and valuable information that will help you get the compensation that you deserve. While some insurance companies might try to settle as quickly as possible in exchange for cash, it is important to remember that this could be detrimental since they might not take your injuries and damages seriously.
Been in a car accident? We encourage you to speak with a Tampa car accident lawyer, so you understand your legal rights.