Average Car Accident Settlements in Florida | Jack Bernstein (2024)

Average Car Accident Settlements in Florida | Jack Bernstein (1)

When a car accident occurs, you want to learn everything that you can about the claims process. An important part of knowing about car accident claims is learning about average car accident settlements in Florida. Of course, each case is unique.

However, learning what’s normal and what to expect can help you form realistic expectations and pursue your case in the best possible way. Here’s what you need to know about average car accident settlements in Florida from experienced Tampa car accident lawyers.

What Is the Average Car Accident Settlement in Florida?

The average accident settlement in Florida is about $15,000. When injuries are severe, the average settlement is higher. Your car accident settlement in Florida may be higher or lower than $15,000 depending on the severity of your injuries, legal fault in the case, and the ability of the responsible party to pay your claim.

Florida Average Car Accident Settlements

The Rocky Mountain Insurance Information Association reports that the average car accident settlement is $15,443. You might hear about cases that settle for millions of dollars. However, the average car accident settlement is much smaller than that. Cases with serious injuries settle for higher amounts than cases with minor injuries.

What Is the Average Settlement for a Car Accident With Whiplash?

The average settlement for a car accident with whiplash is $10,000 – $20,000. Whiplash is soft tissue damage. It is a significant and painful injury that deserves compensation. Your compensation for a car accident with whiplash is based on your medical bills, the severity of your injuries, and the other losses that you have in the crash.

Florida No-Fault Average Car Accident Settlements

Because Florida is a no-fault state, accidents with only minor injuries are resolved in the no-fault system. Only accidents with serious injuries result in traditional lawsuits in courts. For the rest of Florida car accidents, the injured parties resolve their case directly with their own insurance company.

All Florida drivers have mandatory insurance policies that pay them directly for minor accidents. To recover from your own insurance company for a minor accident, you don’t have to prove who caused it. With small car accident settlements going through the no-fault system, the average car accident settlement in Florida is higher than it is in states that use an at-fault system for all accidents because there aren’t many lawsuits for small amounts. As long as you meet the serious injury threshold to bring your claim, you can recover or the full amount of your damages.

How Much Should I Ask for Pain and Suffering From a Car Accident?

You should ask for pain and suffering from a car accident that’s proportional to your injuries. If you have severe injuries that will last for the rest of your life, you might ask for pain and suffering that is equal to five times your medical bills and other financial losses.

In cases with minor injuries and an anticipated recovery period of days or weeks, you might ask for pain and suffering compensation that equals your medical bills. Most car accident victims ask for 1.5 times their monetary damages in pain and suffering compensation.

Average Pain and Suffering Compensation From a Car Accident

An important part of determining an average car accident settlement is determining what part of the settlement is for pain and suffering. Pain and suffering is a type of compensation that pays you for the physical, mental, and emotional pain that you have to endure because of an accident. But you can’t simply determine your pain and suffering compensation by using a calculator to total up all of your bills. To an accident victim, it might look like pain and suffering compensation has a lot of gray areas.

Typical pain and suffering payments are in proportion to the severity of an accident. The law presumes that a person with more severe injuries has more severe pain and suffering than a person with minor injuries. Of course, the more you’re able to prove your pain and suffering with expert testimony, documentation, and testimony from lay witnesses, the stronger your case will be for a high pain and suffering car accident settlement.

What Is the Average Florida No-Fault Settlement?

In Florida, the no-fault system has rules for what levels of compensation you get for each type of injury. Your no-fault insurance pays 80 percent for your medical bills. You get 60 percent of your lost wages. You may also get compensation for travel to your medical appointments.

Florida no-fault insurance pays you up to your policy limit. Most people have a $10,000 limit. In cases where there’s no emergency medical condition from the accident, the most that you can recover is $2,500. The average Florida no-fault settlement is the standard payment based on the allowances for each type of loss and the policy limits of the insured.

Is My Car Accident Settlement Average in Florida?

According to Florida Highway Safety and Motor Vehicles, there are 17 million licensed drivers in the state of Florida. There are also 17 million licensed vehicles in the state. With more than 400,000 motor vehicle crashes in Florida each year, causing 254,000 injuries, it can be hard to know if your car accident settlement is average.

Each Florida car accident settlement is an individual determination based on the actual losses in the case. In that sense, there’s no such thing as an average car accident settlement. Each settlement depends on the facts of that case. It’s almost impossible to compare one accident to another. There are a lot of different things that can factor into a car accident settlement. Whether you get a reasonable settlement depends on the specific facts of the case.

Our Tampa Car Accident Attorneys

Do you want to know if you’re getting a good car accident settlement? Is your settlement average? Our Tampa attorneys can help. Our attorneys can help you evaluate your case to see what a good settlement is for you. We can help you take all of the essential steps to get the compensation that you deserve.

Whether your case is simple or complex, we don’t stop until you have a payment that’s fair and fully represents your losses under Florida law. Call us today for a free conversation with our team about your case and your rights. We look forward to working with you.

The information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Average Car Accident Settlements in Florida | Jack Bernstein (2024)

FAQs

How much are most car accident settlements in Florida? ›

Below we share some of our firm's Florida car accident settlements and payouts. The average car accident settlements shared on this page from our Florida law firm range from $125,000-$1,100,000. The payout number can vary quite widely from this as well, however due to the circ*mstances of each collision being unique.

How much can you get for pain and suffering in Florida? ›

Generally speaking, there is no cap on the amount of damages that can be awarded for general pain and suffering in Florida. However, if the lawsuit involves medical malpractice, then there is a limit of $500,000 that can be awarded.

How much can someone sue for a car accident in Florida? ›

In Florida, there is no limit. In Florida, car accident victims can sue a negligent driver for any amount of money, provided the amount of money is not arbitrary. That means you can't just pick a random number. Instead, your desired compensation should be based on evidence of what harms you actually suffered.

What is the average settlement for whiplash in Florida? ›

The average settlement for whiplash in Florida is somewhere between $10,000 and $100,000. However, in cases of severe, life-altering injuries, the average settlement can escalate dramatically, often falling between $1 million and $5 million.

What is the average car settlement in Florida? ›

Average Car Accident Settlements for Specific Injuries

$10,000 to $25,000 for minor injuries, including whiplash or soft tissue damage. $50,000 to $75,000 for long-term injuries that require surgery or physical therapy.

How much are most car accident settlements? ›

A: In California, the average car accident settlement amount is anywhere between $20,000 – $30,000, depending on the overall severity of the injuries sustained and any associated property damages, lost wages, etc. This is for more moderate cases in terms of their severity.

What is the payout for chronic pain? ›

Based on the following sampling of case law, the range for general damages awarded for suffering from chronic pain syndrome (CPS) as a result of an accident is between $39,818 – $436,901 [adjusted for 2023 inflation rates].

How do you calculate settlement amount? ›

To determine a potential settlement value, they first combine the total of medical expenses to date, projected future medical expenses, lost wages to date and projected future lost income. The resulting sum is then multiplied by the pain and suffering multiplier value to produce a projected settlement amount.

Can you get pain and suffering from a car accident in Florida? ›

You have the right to hold the responsible party legally liable for your injuries and other damages, including pain and suffering.

How much can you sue for emotional distress in Florida? ›

There is no set amount of money you can recover in a settlement when suing for emotional distress in Florida. However, if your lawsuit is against a government entity or a medical malpractice claim, there is a cap on damages. The cap is $200,000 in the former situation and $500,000 in the latter.

How much can you get from a car accident in Florida? ›

Florida does not have a cap on damages (monetary payouts) for most personal injury cases, including car accident cases. This means there's no statutory limit on the amount you can recover for losses such as your medical bills, lost income, or pain and suffering from a claim.

Can someone sue me personally after a car accident Florida? ›

So the other driver directly coming after you is rare. However, if you caused the accident, the other party might file a claim against you or your insurance for the damages they suffered. The accident must be “serious” for this possibility to occur. Florida is a no-fault state for car accidents.

What is the maximum payout for whiplash? ›

The amount of compensation you can claim for whiplash range from £240 up to £4,215, depending on the length of time you suffer from your injuries. You can claim directly or use a solicitor for whiplash claims valued less than £5,000. Compensation amounts for severe whiplash injuries can be significantly higher.

What is the general payout for whiplash? ›

Compensation for whiplash ranges from a minimum of £240 to a maximum payout of £4,345. Typically, the average compensation amount for whiplash is between £570 and £630. As part of the Civil Liabilities Act, compensation amounts for whiplash injuries are now based on how long your injury lasts.

What is the average payout for whiplash? ›

The average whiplash payout in the UK is between £1,000 to £3,000 for milder injuries where there is some discomfort and headaches lasting from a few days to a few weeks. More severe whiplash injuries with longer-term symptoms can settle for up to almost £100,000 in the most serious cases.

How long does a car accident lawsuit take in Florida? ›

The time it takes to settle a car accident claim depends on various factors, such as the complexity of the incident, the number of parties involved, and the extent of the injuries requiring medical treatment. Some auto accident claims may take a few months to resolve, while others can take years.

Do you have to pay taxes on a car accident settlement in Florida? ›

Therefore, compensation, or damages, for car accident injuries is not considered an asset. Instead, they are liabilities since the settlement provides a financial remedy to an injured party. Overall, damages in a Florida car accident are not taxable on either the state or federal level. However, there are exceptions.

Do you have to pay taxes on accident settlement in Florida? ›

Taxes are one of the last things that someone injured in an accident wants to worry about after receiving a personal injury settlement. Fortunately, in Florida, most personal injury settlements are not taxable. In addition, personal injury settlements are generally not taxed by the federal government either.

How much does a lawyer get from a car accident settlement in Florida? ›

Once you sign a settlement agreement or receive a jury verdict in your favor, your lawyer will take 33.3 percent or one-third of the compensation as their fee. For example, if you settle with the insurance provider for $30,000, your attorney would get $10,000 while you get $20,000.

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