If you have been hurt in a car accident in or around Florida’s Treasure Coast, you may be thinking about what your options are when it comes to getting fairly compensated for your injuries. All car accidents are covered by no-fault insurance coverage (also called Personal Injury Protection or “PIP”); however, you can potentially file a lawsuit against the at-fault driver and/or vehicle owner if you suffered injuries, whether minor or significant.
In a lawsuit, you can sue for the full amount of money – as long as it is backed up by evidence. Our Vero Beach car accident lawyers will gather documents and work with experts to put together a claim for compensation that is supported by facts. We will then fight for your right to full and fair compensation for your injuries.
At Gould Cooksey Fennell, we represent accident victims as they navigate the legal system after auto accidents, slip and falls, truck accidents, and other accidents. We handle all cases on a contingency fee basis, which means that you will never pay a fee unless we recover money for you. Reach out to our law firm today to schedule a free consultation with a Vero Beach personal injury attorney.
How Much Money Can You Request in a Florida Car Accident Lawsuit?
Each year, thousands of Floridians are injured in motor vehicle accidents. While some people are fortunate enough to walk away from a car crash with nothing more than a few scrapes and bruises, others suffer serious, life-changing injuries. If you have been hurt in a motor vehicle accident, you may be curious about what your case is worth.
The value of any personal injury claim can vary considerably based on multiple factors. This includes the severity of your injuries, whether you are expected to make a full recovery, the limits of the at-fault driver’s car insurance coverage, and if liability is in question. For example, an injury that requires multiple surgeries and months of hospitalization will likely result in a higher case value than a broken bone that healed after several months.
Generally, you can sue for any amount of money after a Florida car accident – as long as you can document your losses. The number that you pick cannot be random or arbitrary. Instead, it must be supported by evidence that shows how this number is connected to the actual harm that you suffered.
As described in greater detail below, your demand for compensation will be based on three categories of losses (damages). Your Vero Beach car accident attorney will gather evidence of these damages, such as medical expenses, property damage, and lost wages. They will also work with experts to develop a number for the types of losses that don’t come with a bill – like emotional distress. Using these numbers, your lawyer will demand compensation based on the facts of your case.
The best way to get maximum compensation for your injuries is by working with a skilled lawyer who can develop a strong claim for damages. This claim should be based both on the facts of your case and Florida law. From there, they will be able to negotiate a fair settlement – or take your case to trial to get you maximum compensation for your losses.
Will You Get More Money If My Case Goes to Trial?
It depends. Most personal injury cases are resolved outside of court, often through a settlement. If the insurance company refuses to offer you fair compensation, then it may be necessary to take your case to trial to get you the money that you deserve.
Going to trial is a gamble – while a settlement is more of a sure thing. A jury might ultimately award you more money than you could get in a settlement, but it might come back with a lower amount. Our Vero Beach car accident attorneys can help you decide what option is best given the facts of your case. Contact Gould Cooksey Fennell today to schedule a free consultation.
The Insurance Company Said My Injury Was Minor. Should You Take Their Settlement?
In most cases, no, because the insurance company’s characterization of your injury as minor may be wrong and unfair. Generally, the insurance company’s goal is to pay out as little as possible on your claim – so it benefits them if you are limited to your own PIP coverage rather than being able to file a lawsuit against them.
A Vero Beach car accident lawyer will thoroughly analyze your case and use their knowledge of both Florida law and similar cases to determine whether it is possible to file a lawsuit. They will then fight for your right to full compensation. Reach out to Gould Cooksey Fennell to schedule a free initial consultation with a member of our legal team.
What is the Average Settlement Amount for a Florida Car Accident Case?
There is no such thing as an average settlement for a car accident claim. Each case is different and the value of any given claim will depend on its unique facts. For example, a person who suffers a traumatic brain injury will likely recover more money than a person with a broken ankle from a car accident.
The value of your case may also increase or decrease as more facts are uncovered about the accident. An experienced Vero Beach car accident attorney will keep you informed about what is happening in your case – and any issues that may impact your total recovery. If you were hurt in a Treasure Coast car crash, contact Gould Cooksey Fennell today to talk to a personal injury attorney about your claim.
How Florida’s No-Fault Insurance Laws May Affect Your Recovery
Florida is one of just 12 states that have “no-fault” insurance laws for car accidents. No-fault insurance laws require drivers to carry personal injury protection (PIP) coverage as part of their car insurance policies. In Florida, PIP will pay for 80% of all reasonable and necessary medical expenses up to policy limits plus 60% of lost wages, regardless of who was at fault for the accident.
The goal of no-fault insurance is to make sure that people who are harmed in a car crash have their immediate losses covered through their own insurance company – without going through the legal process. PIP coverage also reduces the strain on the legal system, as it means that many minor car accident claims can be handled without filing a lawsuit.
In Florida, all drivers are required to carry a minimum of $10,000 in PIP coverage. Importantly, PIP only covers medical expenses, lost wages, and death benefits. It does not pay for other types of losses, like pain and suffering or emotional distress.
However, if you suffered a more serious injury, then you can pursue a claim against the at-fault driver and/or vehicle owner. Under Florida law, a serious injury is defined as:
- Significant and permanent loss of an important bodily function;
- Permanent injury, within a reasonable degree of medical probability;
- Significant and permanent scarring or disfigurement; or
- Death.
Under these laws, a sprain or a small laceration on your arm probably won’t qualify as a serious injury. Other types of injuries – such as a broken bone or a facial laceration that will leave scarring – might qualify as a serious injury.
A Vero Beach personal injury attorney can advise you about whether your injuries count as “serious” under Florida law. They can also connect you with expert witnesses who can provide the necessary evidence to prove that your injury is serious so that you can file a lawsuit to recover money for all of your losses.
Types of Compensation in a Florida Personal Injury Case
If you suffered a serious injury in a Treasure Coast car accident, you may be able to file a lawsuit against the at-fault part for your losses. Through legal action, you can recover financial compensation, known as damages.
There are three potential types of damages in a Florida personal injury case: economic, noneconomic, and punitive damages. Economic and noneconomic damages are compensatory damages because they compensate an accident victim for their losses. Punitive damages punish someone who acted recklessly or intentionally.
Economic damages include all of your direct financial losses. Examples of economic damages include medical bills, future medical treatment, lost wages, reduced earning capacity, and property damage. If you have other losses associated with your injuries – such as medical equipment or renovations to your house to make it accessible – those could also be covered as part of your economic damages.
Noneconomic damages pay for your indirect losses. While you won’t get an invoice for these losses, they are still incredibly important for a full recovery. Noneconomic damages include pain and suffering, loss of enjoyment of life, emotional trauma, scarring, and disfigurement.
Finally, punitive damages may be awarded in more unusual cases where the at-fault driver acted intentionally or recklessly. For example, if a driver hits you in a drunk driving accident, then they may be liable for punitive damages. In Florida, punitive damages are capped at the greater of 3 times compensatory damages or $500,000.
If you did not suffer a “serious injury” per Florida law, then your recovery will be limited to certain economic damages through your PIP coverage, plus payment for any damage to your vehicle. Noneconomic and punitive damages are only available through a personal injury claim. A Vero Beach personal injury can advocate for your right to full compensation in a personal injury lawsuit.
Get Help from a Florida Car Accident Lawyer Today
The only limit on the amount of money that you sue for after an accident is what the facts of your case support. Getting the money that you deserve often requires strong advocacy from a seasoned Treasure Coast personal injury lawyer. Our legal team will work to get your case classified as a serious injury claim – and then fight to get you top dollar for your losses.
Based in Vero Beach, Gould Cooksey Fennell represents individuals throughout Indian River County. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to talk to a Vero Beach car accident attorney, give our law offices a call at 772-231-1100 or fill out our online contact form.
