The average settlement for a car accident in Miami varies from several thousand dollars to several million. It is not uncommon for car accident settlements to reach over a million dollars, especially when someone suffers severe injuries. What is your car accident claim worth?
Determining the average settlement after a car accident is extremely difficult. Statistics on injury settlements are not commonly collected and often vary depending on how the settlement is achieved, e.g., through insurance, out-of-court, or during the trial. Moreover, every case is unique, and the damages from a car accident are so closely tied to the specifics of your case that looking at an average may not help you understand what your case is worth.
That’s why Miami car accident lawyer Prosper Shaked wants to talk to you after your accident in a free consultation. He wants to hear more about your story, and together, you can explore all of your legal options. In this consultation, Attorney Shaked can give you a better idea of how much you can expect your car accident claim to settle for.
Car Accident Settlement Examples
Every car accident case is unique. Your attorney will need to investigate your accident and your injuries before giving you an accurate determination of what your car accident case is truly worth.
However, we’ve obtained average car accident settlements from $100,000 to almost a half million dollars. Some of our examples of car accident settlements include the following:
- $750,000.00 – injured while walking across the street
- $450,000.00 – injured in head-on car collision
- $350,000.00 – Injured in rear-end car collision
- $150,000.00 – Injured in side swipe accident
- $100,000.00 – Injured in T-bone car accident
As you can see, average car accident settlements range greatly depending on many factors. Our auto accident lawyers can help maximize your claim, so you can get back on your feet again after a serious collision.
Factors in Determining Your Miami Car Accident Settlement
Every car accident in Miami is different. As such, your compensation can differ from other claims. However, there are common elements to most car crashes in Miami.
For example, in your case, the jury will look at factors such as the extent of your injuries, any medical treatment you received, lost wages while recovering from your wounds, and your pain and suffering. After considering all of these elements, the court will decide the value of your case.
Generally, the higher your losses, the higher your compensation.
Hiring a lawyer after a Miami car accident is the best step you can take toward maximizing any settlement offer.
When you meet with our Miami car accident lawyers, we will estimate how much you can expect from your case. We will ask you certain questions to establish an approximate estimate of your car accident case’s settlement value. Your answers will help us identify the extent of your claim’s severity.
- Who is responsible for the car accident?
- What is the extent of your property damage?
- What are your current and anticipated medical expenses?
- How severe are your injuries?
- What kind of medical treatment is necessary, and for how long?
- Are there any coverage limitations on the responsible party’s insurance policy?
- Have you made any prior or ongoing injury claims?
How Much Compensation Can I Expect from My Car Accident Claim in Miami?
As the injured accident victim, you have a more significant legal burden. Since you’re asking the court to award compensation for your damages and suffering, the court will expect you to support your claim by showing the defendant’s negligence.
In addition to what we discussed above, you must know Florida laws governing car accidents and compensation in Miami.
Florida is a no-fault state, meaning that the parties involved in a car accident must go to their auto insurance companies to cover their losses, regardless of who was at fault. Thus, the state requires all drivers to at least carry what is known as Personal Protective Insurance or “PIP.”
Generally, PIP can provide up to $10,000 in total coverage for an accident. However, this money might not be enough in severe car accidents to cover your expenses. You might get higher compensation in your case through a personal injury claim in Miami. However, you must meet specific criteria before filing a claim.
Since Florida is a no-fault state, people who use their PIP to cover their expenses may face challenges getting additional compensation. However, in Miami and throughout the state, you may be allowed to file a personal injury claim outside the state’s PIP benefits if your injury is severe. Your injury is severe if it leads to permanent scarring or disfigurement, loss of bodily function, or is expected to cause death.
When you do file a claim or lawsuit after a car accident in Miami, your attorney will seek compensation for all the damages you suffered, including:
- Medical expenses and bills
- Future medical treatment
- Permanent or partial disability
- Long-term care and rehabilitation
- Lost wages, earnings, and benefits
- Loss of future earnings
- Loss of consortium
- Mental and psychological damages
- Emotional distress
- Pain and suffering
Winning a Higher Car Accident Settlement Means Proving Negligence
As a plaintiff, you are required to show the defendant’s negligence. This means you will need to prove your case through the preponderance of the evidence. Once you file your claim, you must prove negligence and show the existence of four elements.
- Legal Duty. During the first stage of your claim, you will be required to show the existence of a legal duty. The legal duty is nothing more than the legal obligation the defendant – and other individuals in society – has to act as a prudent, reasonable person. For instance, you can provide evidence showing the defendant owed you a duty to drive safely.
- Breach of Duty. The next element in your personal injury lawsuit requires you to show the defendant failed to meet their legal duty. In other words, you can show the court the defendant engaged in negligent behavior such as speeding, drunk driving, or distracted driving.
- Causation. Causation requires you and your Miami car accident legal team to establish a causal relationship between the events, the at-fault driver’s actions or omissions, and subsequent harm.
- Harm. Finally, the court expects you to demonstrate that you suffered losses due to the at-fault party’s negligence. You may provide evidence showing you suffered significant medical expenses or lost wages and endured tremendous pain and suffering. If you are successful in your claim, the court will grant your compensation.
What Injuries May Qualify for Filing a Car Accident Claim in Miami?
As mentioned, state law only allows injured Miami car accident victims to file an injury claim if their injuries are severe. However, you may wonder which injuries are more likely to allow a car accident victim to file a claim or a lawsuit.
Some of the injuries that might give you the chance of filing a car accident claim in Miami include
- Traumatic brain injuries
- Spinal cord injuries
- Broken bone injuries
- Back and neck injuries
- Amputation and disfiguring injuries
- Internal organ damage
What is the Average Settlement for Car Accident Back and Neck Injury?
Back and neck injuries are some of the most common injuries suffered in Miami car accidents. Approximately 869,000 car accident victims yearly suffer cervical spine injuries in the United States. This includes 841,000 sprain/strain (whiplash) injuries, 2800 spinal disk injuries, 23,500 fractures, 2800 spinal cord injuries, and 1500 dislocations.
Between 10 and 20 percent of Americans suffer from neck pain. Car accidents are one of the most common causes of debilitating neck pain. Of these, whiplash is the most common. Unfortunately, even seemingly minor back and neck injuries can result in chronic pain, permanent impairment, and decreased mobility.
A back injury involving spinal cord injury can be catastrophic and may require years of ongoing medical treatment and home care. If your injury is a simpler back injury, it can still require emergency medical care to ensure the injuries are not more serious.
Ongoing medical care may involve physical therapy, rehabilitation, and chiropractor appointments, which could be expensive. All medical expenses related to the injury should be fully compensated as part of your damages or settlement.
Before agreeing to any settlement after a back or neck injury, it is important to understand how your injury may impact your life and future. If you suffer a permanent or partial disability, your average car accident settlement could easily reach millions.
According to data gathered by the National Spinal Cord Injury Statistical Center (NSCISC), the initial year of medical care for individuals with spinal cord injuries can vary significantly in cost, depending on the severity of their condition (whether they have quadriplegia, paraplegia, or partial paralysis).
These costs can range from approximately $380,000 to over $1 million. Furthermore, those who have sustained spinal cord injuries should expect to incur medical expenses ranging from around $46,000 to over $200,000 annually following their injury. These are just estimates for medical expenses. When you add in lost wages, loss of future earnings, pain and suffering, and emotional distress, you can see why back injury settlements can easily reach $5 million or more.
How Long Does an Average Car Accident Settlement Take?
On average, a car accident settlement takes 12-18 months to resolve. While some minor cases can quickly settle within months, others may take years. Although this seems like a long time, reaching recovery or maximum medical improvement is important before accepting a car accident settlement that is too low.
The timeline for the average car accident settlement varies depending on the severity of the damages sustained. A settlement can be reached within a few weeks in cases involving minor injuries that can be easily calculated. More serious injuries require additional time to evaluate damages, prove liability, and address defenses raised by the opposing party. Additionally, complex legal issues such as determining fault can further prolong the settlement process.
Miami Car Accident Lawyer Offering Free Consultations
Have you been in a car accident in Miami and suffered a back or neck injury? If so, a qualified car accident attorney can help you navigate the complex legal system, negotiate with insurance companies, and fight for the compensation you deserve.
Back and neck injuries are often serious and can significantly impact your quality of life. They may require extensive medical treatment and ongoing rehabilitation. You may also be unable to work, making it difficult for your family to pay bills, rent, or mortgages.
At Prosper Shaked Accident Injury Attorneys PA, we know your challenges after a car crash. That’s why we work tirelessly to ensure you receive the maximum compensation possible for your injuries, including medical expenses, lost wages, and pain and suffering.
Don’t suffer in silence. Call our Miami car accident lawyers today and take the first step toward obtaining the justice and compensation you deserve. For a free, confidential consultation, call our law offices today at (305) 694-2676 or fill out our contact form.