[email protected] | December 24, 2024 | Personal Injury
If you’ve been hurt because of someone else’s actions, you may wonder how much money you can recover. While every case is different, settlements depend on many factors, like the type of accident and the seriousness of your injuries.
Most personal injury settlements cover both financial losses and non-financial damages, like pain and suffering. In some cases, insurance rules, such as Personal Injury Protection (PIP) laws in car accidents, can limit how much compensation you get.
If you’re concerned about how insurance rules might affect your settlement, it’s advisable to consult with a personal injury lawyer.
What Affects a Personal Injury Settlement?
Several factors affect the amount of a personal injury settlement, including:
- Severity of injuries: Serious injuries, such as brain trauma or spinal damage, usually lead to higher settlements due to the lasting impact on your life.
- Medical bills: The cost of past and future medical care is a key part of any settlement.
- Lost income: Settlements often include wages lost while recovering and future earnings if you can’t return to work.
- Non-economic damages: Pain, emotional distress, and loss of enjoyment of life can add significant value to a claim.
- Insurance coverage: Settlement amounts may be limited by the at-fault party’s insurance policy or your own coverage, like underinsured motorist protection.
Your settlement will depend on these and other details of your personal injury case, which is why gathering evidence and building a strong claim is essential.
How Does PIP Insurance Affect Settlements?
In Florida and other states with PIP laws, your car insurance must cover a portion of your medical bills and lost wages after an accident, regardless of who caused it. This can help you recover some money quickly, but PIP often doesn’t cover everything.
Most PIP policies only provide up to $10,000 in benefits and don’t include compensation for pain and suffering. If your injuries are severe enough, you may be able to file a claim against the at-fault driver to recover additional compensation.
Types of Damages in Personal Injury Cases
Settlements typically cover two types of damages: economic and non-economic. In rare cases, punitive damages may also be awarded.
Economic damages cover your financial losses, such as:
- Medical bills (past and future)
- Lost wages
- Property damage
- Out-of-pocket expenses, like transportation to medical appointments
Non-economic damages account for your emotional and physical pain, including:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Scarring or disfigurement
These damages can be harder to calculate, but they are often a significant part of your settlement.
Steps To Increase Your Settlement
Taking the right steps after an injury can improve your chances of getting a fair settlement.
Following these steps after an accident may help make the settlement process easier:
- Get medical care immediately: Quick treatment ensures your injuries are documented and tied to the accident.
- Keep records: Save all receipts, bills, and other evidence of your expenses.
- Hire a personal injury lawyer: An attorney can negotiate with the insurance company, collect evidence, and build a strong case for you.
- Avoid mistakes: Don’t post about the accident on social media or admit fault, as this could hurt your claim.
Following these steps helps strengthen your case and maximize your settlement.
What if You’re Partly at Fault?
In Florida, you can still recover money even if you share some blame for an accident.
Under the state’s “modified comparative negligence” law, if you’re less than 51% at fault, you can recover damages, but your settlement will be reduced by your percentage of fault. For example, if you’re 20% at fault and your total damages are $100,000, your settlement would be reduced to $80,000.
Insurance companies often try to shift blame onto victims to lower payouts. A skilled attorney can push back and protect the value of your claim.
How Long Does a Settlement Take?
The time it takes to settle a personal injury case depends on the complexity of the claim and the cooperation of the parties involved.
Claims with minor injuries and clear liability may settle in a few months. Cases that require more investigation or involve larger damages might take six months to a year. Severe injuries or disputed liability could take years to resolve, especially if the case goes to trial.
Your lawyer will keep you updated throughout the process and work to resolve your case as quickly as possible without sacrificing fairness.
How Much Time Do You Have To File a Claim?
The time you have to file a personal injury claim, known as the statute of limitations, varies by the type of case. In most cases, however, you have two years from the date of the accident to file a lawsuit.
However, certain exceptions may apply:
- Cases involving minors: The time limit may not begin until the injured party turns 18.
- Claims against government entities: These often have shorter deadlines, sometimes as little as six months.
- Discovery rule: If your injuries or their connection to the accident weren’t immediately apparent, the clock might start when you reasonably discover them.
Failing to file within the applicable time frame can result in losing your right to compensation. It’s crucial to consult a personal injury lawyer promptly to ensure your claim is filed on time. They can evaluate the specific deadlines for your case and help you take action before it’s too late.
A Lakeland Personal Injury Lawyer Can Help With the Settlement Process
If you’ve been injured due to someone else’s negligence, understanding what your case is worth is vital. An experienced personal injury lawyer can guide you through the process, negotiate with insurance companies, and fight for the compensation you need and deserve.
Contact a Lakeland personal injury lawyer today for a free consultation. They can help you understand your legal options and focus on your recovery while they handle your case. Most injury attorneys also work on a contingency fee basis, meaning they only get paid if they successfully handle your case.
For more information, please contact the Lakeland and New Port Richey Personal Injury law firm at the nearest location to schedule a free consultation today.
We serve Polk County, Pasco County, and its surrounding areas:
Thomas C. Grajek, Attorney At Law Lakeland
2306 Florida Ave S
Lakeland, FL 33803
(863) 999-9000