What To Expect From An Auto Accident Settlement
If you have suffered injuries in an auto accident because of the negligence of another party, you have the right to file an auto accident claim against the negligent party’s insurance company and recover compensation. Indeed, an auto accident settlement cannot undo the harm that has already been done, but it can help you in many ways. An auto accident settlement award can enable you to return to the financial state that you were in before your accident.
If you are considering filing an auto accident claim, you likely have many questions. Here at The Pendas Law Firm, we are dedicated to educating people about auto accident settlements. Below we discuss what to expect from an auto accident settlement.
Damages Available in an Auto Accident Settlement
‘Damages’ is the monetary compensation you are entitled to recover after suffering injuries and losses because of another party’s negligence. The types of damages available in your auto accident settlement depend on your case’s specifics. That said, the two types of damages available in Florida auto accident settlements are compensatory damages (economic and non-economic damages) and punitive damages. However, punitive damages are only awarded in limited circumstances. According to Florida law, punitive damages can only be granted when it is shown that the defendant is guilty of gross negligence or intentional misconduct.
Types of compensatory damages that could be available in your auto accident settlement include;
- Medical expenses (past and future)
- Lost wages
- Property damage repairs
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
Factors That Could Impact Your Auto Accident Settlement
One of the factors that could impact your auto accident settlement is the severity of your injuries. Typically, the more severe your injury, the more you will be awarded in your settlement. Apart from the seriousness of your injuries, many other factors can impact your auto accident settlement. The following are some of the other factors that can affect your Florida auto accident settlement;
- Negligence laws: Florida is a comparative negligence law state, which means that if you are found to be partially at fault for your auto accident, your compensation will be decreased by your percentage of fault.
- Insurance policy limits: The amount of auto insurance the negligent party has can affect your settlement amount.
- Representation by an attorney: Insurance companies usually offer auto accident victims who self-represent themselves less than what they offer those victims with legal representation.
The First Settlement Offer
After filing an auto accident claim against another negligent party, you should expect the first settlement offer from the insurance company to be a fast and lowball offer. It is advisable that you avoid accepting the first offer from the insurance company without first speaking to an attorney.
The Insurance Company Might Not Make You a Fair Offer
Lastly, you should prepare yourself for the possibility of the at-fault party’s insurance company refusing to make you a fair offer. Fortunately, if your auto accident attorney cannot reach a fair settlement negotiation with the insurance company, they can help you file a lawsuit and fight for the compensation you deserve in court.
Legal Help Is Available
Our Fort Lauderdale personal injury attorneys at The Pendas Law Firm are here for you. We can help you recover the compensation you deserve from the negligent party who caused the auto accident that led to your injuries. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Orlando, West Palm Beach, Ocala, Fort Myers, Tampa, Miami, Jacksonville, Bradenton, and Daytona Beach areas.
