Getting a fair settlement after a Tampa car accident injury can be overwhelming. Understanding the factors that go into calculating a car accident settlement is essential to receiving the compensation you need and deserve.
Working with a Tampa car accident lawyer is the best way to get maximum compensation from a serious injury crash. If you need to pursue fault-based compensation after a Tampa collision, you want an experienced attorney on your side.
Types Of Recoverable Damages That Affect Settlements For Car Accidents
The compensation you could recover from a crash in Tampa, Florida, depends on your expenses and losses. These include:
Medical Care Costs
One of the biggest factors in car accident payouts is the cost of medical care. This includes past, current, and estimated future medical expenses. Common medical costs in these claims include hospital stays, surgeries, rehabilitation, and any necessary ongoing care and support.
Under Florida Statutes § 627.736, Personal Injury Protection (PIP) insurance is mandatory. It covers the first $10,000 in medical bills regardless of fault. This helps victims get immediate care, though this coverage is often insufficient for severe injuries. When this happens, a car accident attorney can help you pursue a case against the at-fault driver.
Lost Income And Loss Of Earning Capacity
When accident injuries prevent you from returning to work, you can pursue appropriate compensation for lost income. Calculating lost income includes not only time missed at work but also potential future earnings if new impairments limit your ability to work long-term.
Pain And Suffering
Damages for pain and suffering, also referred to as non-economic damages, compensate you for the emotional and physical distress you have endured. These damages are more complex to calculate since they pay for intangible losses, such as physical pain, emotional suffering, and a diminished quality of life.
Pain and suffering damages are only available through a fault-based case, which requires suffering a “serious injury” as defined by Florida Statutes § 627.737.
The Role Of Fault And Comparative Negligence In Tampa Vehicle Accidents
Florida follows a modified comparative negligence system for shared fault in an accident. Under Florida Statutes § 768.81, a driver who contributes to causing an auto accident can still seek compensation as long as they are less than 50 percent responsible for the accident. Their potential settlement value will be reduced in proportion to their level of fault.
This comparative fault rule directly affects the settlement amount. This can also make it especially difficult to calculate a fair settlement value. A skilled attorney can help you recover the financial compensation you deserve in these cases.
Key Factors That Impact Tampa Car Accident Settlement Amounts
- Insurance Policy Limits: The at-fault driver’s auto insurance policy limits could define the maximum available payout. Uninsured and underinsured motorist coverage could become important if the at-fault driver lacks sufficient insurance coverage.
- Severity and Long-Term Impact of Injuries: Injury severity significantly affects settlement calculations. Traumatic brain injuries (TBI), spinal cord injuries, and other catastrophic injuries require substantial care and rehabilitation.
- Property Damage: A property damage claim includes vehicle repair or replacement costs, rental car expenses, and replacement of other damaged items. While these damages may seem secondary, they are essential for accident victims who depend on their vehicles for work and daily responsibilities.
How Do I Know How Much My Tampa Car Accident Case Might Be Worth?
If you work with a Tampa personal injury lawyer to build your car accident case, your attorney will determine your recoverable damages and what a fair settlement might look like. Some of these accident-related damages can be difficult or impossible to value accurately without extensive legal experience in similar cases.
Your lawyer will know how to determine a fair value for your:
- Medical care, including future care and support needs
- Long-term losses related to missing work for injuries and impairments
- Related expenses
- Property damages
- Non-economic damages
An experienced Tampa car accident lawyer can explain the range where a fair settlement offer would fall in your case and provide guidance about when you should or should not accept an offer. Ultimately, the decision is up to you. However, your attorney will provide all the information you need to make the best choice for you and your family.
The Importance Of Hiring Legal Representation For Your Car Accident Claim
Navigating Florida’s car accident system and negotiating a fair settlement with an insurance company is challenging. An experienced Tampa car accident lawyer can help you pursue maximum compensation by documenting your damages, calculating accurate accident settlement values, and negotiating with the insurance companies on your behalf.
Having a knowledgeable, resourceful lawyer on your side can be particularly beneficial when dealing with insurance providers who work to pay out as little as possible to close your case. Your lawyer will ensure that all damages—including future losses—are accounted for and that you receive a fair payout based on the facts of your case.
Between Florida’s PIP requirements and other factors that could affect the outcome of a car accident case, you want a Tampa car accident lawyer handling your insurance claim or lawsuit and demanding fair compensation for your injuries and costs. Your lawyer will protect your rights and fight for justice for you.
Understanding The Timeline For Filing A Car Accident Lawsuit In Tampa
Under Florida Statutes § 95.11, you generally have up to two years to sue the at-fault party. However, your lawyer will need to complete many steps before this deadline arrives. Connect with a trusted law firm near you as soon as possible after your crash to build the strongest case and protect your rights from the start.
Learn More About Calculating Your Car Accident Settlement From Our Attorneys Today
At the Law Offices of Anidjar & Levine, we provide free initial consultations for Tampa crash victims. Our legal team will assess your case and explain how our car accident lawyer can pursue the compensation you deserve. You were hurt. We can help. Contact us today to learn more.
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