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How Do Accident Injury Law Settlements Work In Florida?


Florida is a no fault state. So under Florida’s no fault law, every motorist is required to carry Personal Injury Protection (PIP) coverage, with a minimum of $10,000. PIP insurance is meant to cover medical bills and lost wages. Each person files with their own insurance company. However, what if you as the victim have more than that in medical bills Or your injuries are permanent? We have listed some of the steps you need to take to make sure your rights and needs are met.

Report The Accident

Florida law requires you immediately contact the police for any accident that involves death, injury or property damage more than $500. After the police have interviewed everyone and reviewed the accident scene they will write and file a report. If it was a minor fender bender the drive still must file a crash report within 10 days of the accident. The most important thing to remember is when the police interview you, be truthful but never admit any form of fault, or contributory cause. If possible and you aren’t on your way to the hospital, make sure to take photos of the vehicles, and the intersection or street.

File A Claim

Once you are home safe after an accident, file a claim with your insurance company as soon as possible. Hold off of the car repairs but do not wait to see a doctor. Your insurance will send an agent to inspect your auto’s damage and will have you go to an approved repair shop. The next recommendation is to contact a personal injury attorney to see if you have a case for compensation above the amount of the PIP insurance.

How Do Car Settlements Work In Florida?

This is where it is vital that you obtain the services of a qualified auto injury attorney. If you are severely hurt, your attorney will first obtain all police reports, medical records, lost work wages and future medical and wages you may lose. Your attorney should be able to calculate that for you. The next step is to prove that the other driver was negligent. Your personal injury lawyer will then file a letter of demand to the insurance companies.

Compensation From Insurance Companies

By law, insurance companies can not use unfair and deceptive practices, like refusing or avoiding paying a valid claim. Once they have reviewed the letter of demand from your lawyer, they will try to negotiate a lower amount. Remember, the primary job of an insurance agent is to look out for the business interest of his company who in return work so the stockholders will profit. They are not in the least interested in your welfare, even if it sounds like it. If they offer you a settlement, be sure not to sign a release and confer with your lawyer to see if the settlement is fair.

What Is The Average Car Accident Settlement In Florida?

Obviously the circumstances surrounding the accident, the injuries sustained in each accident are unique so there is not a set amount that can be calculated, but has to be individualized.

There are however, some factors that are considered. They include:

● How bad are your injuries?
● How much are your medical bills, current and future
● Loss of wages and future wages
● Type of insurance coverage you and the at fault driver have.
● The evidence and documentation you provide to strengthen your case
● Your attorney’s ability to argue your case.

If you are severely injured or permanently disabled, having an experienced personal injury lawyer to go up against the big insurance companies and argue your case can make a huge impact on the settlement talks and the amount of compensation you end up getting.

If you are the victim of an auto accident that was not your fault, contact the personal injury attorneys at Goldman, Babboni, Fernandez, & Walsh. With decades of experience, you will not only have a team of experts working with you but every case is argued by a full partner. Serving all of Southern Florida and with over $1.5 Billion recovered for our auto accident clients, we can help you relax and recover while we fight to get you the compensation you need. Contact us today to learn more!

During his time as a public attorney for the State of Florida, Bernard Walsh developed a passion for defending the legal rights of Florida's citizens. Having seen many people being taken advantage of after being injured and the financial harm that can cause for families he committed himself fully to helping injured clients get justice, by fighting to make greedy insurance companies pay what they owe.

How Do Accident Injury Law Settlements Work In Florida?

Goldman Babboni Fernandez
Murphy & Walsh




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