Filing a car accident claim can be a daunting task, more so if you’re doing it by yourself. Given that cases differ, you may have a rough idea or expectation but wouldn’t know how to tackle the claim so as to avoid unwanted car accident consequences.
You can get an idea about the average settlement for your car accident case by consulting an accident attorney. The experienced attorneys at Flagler Personal Injury Group have handled similar cases and know the work they require.
What’s A Reasonable Settlement For A Car Accident in Miami?
Everything discussed in this paragraph assumes there is adequate insurance coverage. On average, settlements for car accidents in Miami are about $15,000. A claim with only property damage can start from $3,000 and can significantly rise up to $75,000 for a case where there are major injuries. If the injuries are severe enough, settlements can be over $1 million. However, an average claim will have a settlement amounting to $15,000. Each car accident is treated as unique since you cannot equate the amount you’re likely to receive based on typical settlements or averages.
How Was The Average Claim Determined?
The average settlement for a car accident in Miami is $15,443, as per a popular insurance information association. However, it’s typically hard to base all cases on this finding because not all cases pass through the legal system. Additionally, some claims that go through the courts do not have the terms of the agreement made public.
These are some reasons why it is hard to know the exact average settlements for car accidents in Miami. However, attorneys base their judgment by getting guidance from insurance industry experts and settlement agreements on the public domain to determine the average car accident settlement.
Recoverable Damages in Settlement for Car Accident
The amount you should expect in a car accident settlement depends on various factors. These damages help in the calculation of the total compensation. They include the cost of injuries treatment, the severity of harm, whether the injuries are treatable in a short period or if they will last a lifetime, lost earning potential of a victim, rehabilitation, degree of the pain and suffering of a victim, mental injuries, emotional care, and counseling, loss of ability to provide essential services to a family-like inability to feed makes someone care given, damage to property, and punitive damages
With all these damages in mind, it’s clear that a victim should be compensated. The rule is clear and shows that a higher amount of compensation should be paid in a car accident settlement when it’s severe. If a victim receives a minor accident, chances are the losses incurred are lower as compared to someone who gets severe mental injuries in an accident.
Another scenario to look out for is where a victim was the sole provider of the family before the accident. In this case, victims deserve a better settlement for failing to provide for their family in addition to undergoing physical pain and limitations in activities.
Do Car Accident Settlements Differ Between States?
Yes, there are different states in the US, and the settlement differs per state. In Miami, the state law guiding car accident settlement will not be the same as others. Florida has the no-fault law, which is applicable where only self-insurance companies send claims with property damages and some minor injury. Here, individuals make their claims through insurance companies when seeking compensation, and they are not obligated to prove who was at fault during the accident. The claims issued through the no-fault system often are of lower amounts compared to the ones not using the no-fault procedure. The no-fault system often exempts serious issues that are likely to affect the settlement amount, like life-changing and permanent injuries.
Owing to system factors, some states have higher or lower car accident settlement averages based on the guiding law. But, better settlement is based on what is included during the calculation and category of the claims per state.
What is the Duration a Car Accident Settlement Takes?
On average, a car accident settlement can be estimated to take between one month and up to two years. Typically, a case can take between 12 – 18 months for compensation. On regular occasions, the duration depends solely on the severity of the damages. In cases where there are minor injuries, it can take a few weeks for the victim to receive the settlement.
But for claims where the injuries are more severe, it may take longer to do the valuation, prove the liability and give a response to the defenses raised by the defendant. It may take too long for the case to be settled in a case with more complex legal issues.
Reasons Why Settlement for Car Accident Can Take Long
Even though the average duration of a settlement is between 12 months to some years, a case may take longer than the projected time. In such instances, legal proof and significant documentation may be involved to ensure the victim receives fair compensation. The steps that may make the process long include:
- Valuing the damages
- Assessing and researching the law that is relevant in your case
- Investigating all the case facts
- Collecting and building witnesses statements
- Working with an expert attorney
- Determining the responsible accident party
- Assessing long-term damages
- Collecting evidence for all losses like non-economic ones
- Participating in the settlement negotiations
- Complying with legal requirements for documentation and issuing demands to build your evidence.
If you’re faced with an accident, a car accident attorney can be of help till you get a reasonable settlement. The expert will diligently document your case, build evidence to sustain the case, and be better placed to negotiate a fair bargain on your side.
Car accidents can drastically reduce the quality of your life permanently. You need to act fast to get fair compensation. Hiring an expert in your time of need guarantees fair results for your claim. Contact us today for a free consultation.