What is the Average Car Accident Claim Settlement Amount in Miami?
There is not necessarily an “average” settlement amount for car accident injuries in Florida. That might be frustrating to hear for someone who is injured and deciding whether to pursue a lawsuit for financial recovery. It all comes down to the facts and circumstances surrounding your case. Not to throw a wrench in your dreams of a multi-million-dollar settlement, but if you got into a fender bender accident and have zero injuries and property damage, chances at recovery may be slim. On the other hand, if you total your car and sustain a broken leg during a traumatic accident, your recovery will most likely be more significant. Contact a Miami car accident lawyer at the Law Offices of Prosper Shaked today and find out what your chances for recovery will be.
Florida Car Accident Statistics
The data for car accidents in Florida highlights some alarming statistics. Florida Highway Safety and Motor Vehicles released a report showing that in 2016, there were 395,842 car accidents in the State of Florida. That is approximately a 5% increase since 2015 and a 13% increase since 2014. Of the 374,342 crashes that took place in 2015, there were 243,316 nonfatal injuries and 2,939 deaths. Interpreting the statistical data, about 65% of the Florida car accidents that took place in 2015 resulted in injuries.
If you get into a car accident in Florida, there is a very good chance that you will sustain injuries. Florida courts see thousands of personal injury lawsuits a year. Injured victims who are seeking compensation for damages can put themselves in better positions for maximum recovery if they retain an experienced Florida personal injury attorney. Due to the high volume of these types of lawsuits in the State of Florida, your claim could easily be overlooked and minimalized by an opposing attorney or by the courts. A skilled personal injury attorney with a successful trial history will not be intimidated by big insurance companies and an at-fault driver’s counsel. Let the Law Offices of Prosper Shaked fight for you to receive the compensation you deserve.
Florida’s No-Fault Insurance Policy
In order to estimate how much an injured person can receive in a lawsuit for car accident injuries, it is important to have an understanding of Florida’s no-fault insurance policy. Under this policy, all drivers must have a minimum of $10,000 in Personal Injury Protection insurance coverage (PIP). If you get into a car accident and sustained injuries, you can begin to receive coverage from your own insurance company without having to establish fault first.
Regardless of fault, PIP offers the following coverage to individuals who are injured in car accidents:
- 80% of medical benefits
- 60% of lost wages
- $5,000 in death benefits
- Travel expense reimbursement for doctor appointments
It is important to note that benefits received cannot exceed $2,500 unless you have an emergency medical condition (EMC). Florida law defines an EMC as a condition with such severe symptoms that the absence of immediate medical intervention could result in the following:
- Serious impairment to bodily functions
- Serious risk to patient health
- Serious dysfunction of any body part or organ
If you do not receive medical treatment within 14 days of your accident, PIP will not cover medical bills. It is also important to note that PIP does not cover damages for pain and suffering.
Compensation Beyond the Scope of PIP
Medical expenses and treatment for severe injuries could exceed the amount of coverage PIP provides. In this type of case, an individual with a serious injury may file a personal injury lawsuit against an at-fault driver. To meet this threshold, your injury must fall within one of the following categories:
- Permanent injury other than scarring or disfigurement
- Severe and permanent scarring or disfigurement
- Severe and permanent loss of an important bodily function
Typically, a car accident victim with serious injuries will sue an at-fault driver based on a theory of negligence. There are four essential elements that must be established in order for a victim to collect damages for the negligent actions of another driver. These elements are:
- The at-fault driver owed a legal duty of care to the victim;
- The at-fault driver breached the legal duty of care that was owed;
- The breach was the cause of the victim’s injuries; and
- As a result, the victim suffered damages.
Miami Car Accident Lawyer
If you or someone you love have been injured in a car accident, contact an attorney right away. The Law Offices of Prosper Shaked offer aggressive representation to victims of car accident injuries so that they are placed in the best position for recovery. Call a Miami personal injury lawyer at the Law Offices of Prosper Shaked today at (305) 690-0244 and schedule a free consultation. We will keep your information confidential.