How Car Accident Compensation Works in Florida

Our experienced attorneys can guide you through the claims process

If you’ve been injured in a car accident, you can experience both physical pain and financial stress. If a negligent driver caused the crash, you deserve financial compensation. But the claims process can be complicated and difficult to navigate. That’s why you need an experienced attorney on your side.

The Plantation car accident lawyers at Feingold Posner Draizin understand the impact that injuries can have on your life – and the frustration that comes from dealing with insurance companies. We can guide you through the claims process every step of the way and fight for the compensation you deserve.

Florida is a no-fault state. This means that after a car accident, each driver’s own insurance company is responsible for covering their medical expenses and certain other financial losses, regardless of who was at fault for the accident. But if you suffered a serious injury, you can seek financial compensation for damages from the driver who caused the crash.

What is considered a serious injury in Florida?

In Florida, a “serious injury” is defined as one that meets certain criteria allowing the injured party to step outside the state’s no-fault insurance system and file a lawsuit against the at-fault driver. These criteria are outlined in Florida Statutes section 627.737(2). A serious injury is one that involves one of the following:

Significant and permanent loss of an important bodily function – This includes injuries that result in a substantial and permanent impairment of a body part or organ’s ability to perform its normal function. Examples might include the loss of use of a limb or a major sensory function such as vision or hearing.
Permanent injury within a reasonable degree of medical probability – This requires medical evidence demonstrating that the injury is permanent. It includes conditions that, according to medical judgment, will last indefinitely and have a lasting impact on your health and quality of life.
Significant and permanent scarring or disfigurement – This refers to scars or disfigurements that are considerable and have a lasting impact on the victim’s appearance. Examples could include severe facial scars or significant burns.
Death – If the accident results in the death of the victim, the surviving family members may pursue a wrongful death claim against the at-fault driver.

How much compensation can I recover after a serious injury?

The amount of compensation a victim can recover after a car accident varies widely depending on several factors. There is no fixed amount, as compensation depends on the specifics of each case, including the severity of the injuries, the degree of fault, the impact on your life, and the available insurance coverage. But in general, you can seek compensation for:

Medical expenses – This includes compensation for all current and future medical expenses related to your injuries, including hospital bills, surgeries, physical therapy, medications, and any home modifications that were required.
Lost wages – If you were unable to work due to your injuries, you can recover compensation for the wages lost during your recovery period.
Loss of earning capacity – If your injuries result in a long-term or permanent inability to work or a reduction in earning capacity, you can seek compensation for the future loss of income.
Pain and suffering – This is compensation for the physical pain and emotional distress caused by the accident and your injuries.
Loss of enjoyment of life – If your injuries prevent you from participating in activities you enjoyed before the accident, you may be entitled to compensation.
Loss of consortium – This is compensation for the loss of companionship, affection, and support suffered by a spouse or family member due to your injury.

An experienced attorney can determine the total damages you have suffered as a result of your car accident and demand full compensation.

Our firm is ready to fight for every dollar you deserve

All of our attorneys used to represent insurance companies in personal injury claims. We know how they approach cases like this and how to fight back against the tactics they’ll use to try to limit your compensation. When you choose our firm, we can:

Provide legal advice and guidance – One of our attorneys will review the details of your accident and explain your legal rights and options. We’ll help you understand the claims process and the types of compensation you may be able to recover.
Gather evidence – To build a strong case, we will gather and analyze all relevant evidence, including accident reports, medical records, witness statements, and any available video footage of the accident.
Negotiate with insurance companies – Insurance companies often aim to minimize payouts, and their adjusters may try to offer you a quick, low settlement. We know how to negotiate with insurers and will ensure that you are not pressured into accepting less than your claim is worth.
Provide peace of mind – Dealing with the aftermath of a car accident can be stressful, especially when you’re recovering from injuries. We’ll handle everything so that you can focus on your recovery.

If you’ve been injured in a car accident in Plantation, Broward County, or anywhere in Florida, learn more about how we can help. Speak to one of our attorneys. When you call us, you get us. Schedule a free consultation to talk about your legal options. Contact us today.