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

How much someone can sue for a car accident in Florida depends on their case. However, you can generally sue for the full cost of the following losses resulting from a car accident:

 

  • Medical bills

  • Car repair and replacement costs

  • Lost wages

  • Future lost earning capacity

  • Pain and suffering

  • Mental anguish

Damages you could recover from your car accident

The following are common damages you can seek after a car accident in Florida:

Medical bills

When you suffer injuries in a car accident, you can sue for compensation for your required medical care. This can include:

 

  • Emergency medical costs

  • Hospital stays

  • Prescription medications

  • Medical device costs

  • Mileage for doctor’s visits

  • Physical therapy

 

You might also be entitled to recover the costs of future medical care. 

Property damage

You can also recover compensation for the property damaged in the accident. This can include the cost to repair or replace your vehicle and costs for interim transportation, such as a rental car, ridesharing, or public transportation.

Lost wages

If you had to miss work because of your injuries, you could recover compensation for your lost wages. If you cannot return to the same career you had before the accident due to a disability, we can help you seek compensation for the difference in wages. For more help call the Fort Lauderdale car accident lawyer.

Non-economic losses

Non-economic losses are the accident’s damage to your physical and emotional wellbeing and life. Our team can help you determine how much you can sue for pain and suffering.

Is Florida a no-fault state?

Florida is a no-fault state, meaning that each party’s insurance company covers their own losses after a car accident. However, if your insurance coverage doesn’t compensate you for all of your losses and your injuries are severe, you can step outside the no-fault system.

 

If you meet the state’s criteria, our personal injury attorney Fort Myers can help you file a claim against the negligent party’s insurance policy. If we cannot reach a settlement out of court, we can sue the negligent driver on your behalf to recover compensation.

How long does it take to settle a car accident case in Florida?

How long it takes to settle your car accident case will depend on your injuries, losses, and prognosis. Some cases settle within weeks to months, and some never settle.

All parties are generally incentivized to settle a car accident case because it’s typically cheaper and takes less time than filing a lawsuit. However, it’s not always possible to settle. The following are some factors that affect the time it takes to settle Florida car accident cases.

Your injuries’ severity

If your injuries are more extensive, it can take longer to settle your car accident case. This is because the more extensive your injuries are, the more costly they’ll be. 

 

You will first have to seek compensation with your own insurance policy. After you exhaust your own coverage and we determine that you are eligible to pursue a fault-based claim, we will then have to negotiate with the negligent party’s insurance company.

 

If their policy does not cover your losses, we’ll have to pursue a civil lawsuit.

Your case’s complexity

If we have to step outside of the no-fault system, we will need to prove that the other driver was negligent and caused the crash. However, this is not always as simple as it seems. If it can be argued that you contributed to the accident, your injuries are not as severe as you say, or your injuries did not result from the accident, we might have to spend more time negotiating.

 

Even if you are somewhat at fault for the accident, this will not bar you from seeking compensation so long as the other driver contributed to the accident more than you did.

Should I sue after a car accident?

Without a free consultation, we cannot say whether you should sue for your car accident. Generally, filing a lawsuit might be your only option left for financial recovery if:

 

  • Your own insurance company does not offer an adequate settlement

  • The at-fault party’s insurance company does not offer an adequate settlement

  • The at-fault party themself does not offer an adequate settlement

You should also consider pursuing a lawsuit if a vehicle part or component contributed to the accident or another third party could be at fault.

Can you sue someone after insurance pays?

You can still sue someone after insurance pays a settlement, but your lawsuit might not be successful. A judge has the grounds to dismiss your case if you accept a settlement first.

As a general rule of thumb, avoid accepting an insurance settlement until you hire an attorney. They will know how much you are entitled to and whether the settlement is adequate. Contact a Fort Myers car accident lawyer for help.