Car accident injuries can cause a lot of suffering both psychologically and financially. While compensation may not reverse the resulting pain and lifelong damages, it can offer some form of relief to the suffering you have to endure. Pursuing compensation after a Florida car accident is not always easy. It often calls for working with an experienced personal injury lawyer in Daytona Beach, Florida to help you understand your legal rights and available options.
The first step in a Florida car accident settlement process is filing a complaint against the negligent party. This process should take a few weeks to complete but can take much longer if the defendant is hard to track.
After being served, a defendant or their insurer must file a response. In Florida, the defendant has up to 20 days after the complaint is served to file a response.
The discovery /investigation phase is when both parties gather all the relevant information, scrutinize the evidence, and investigate the facts. In some cases, the investigation stage may include accident reconstruction. This often involves examining the state parameters of the road environment and the vehicle to identify other possible circumstances and contributing factors associated with a collision. For that reason, the investigation phase is usually the longest and can take a few months to more than a year.
Most Florida car accident claims do not make it to trial, and a consensus on the settlement is often reached through negotiations. This process can take several weeks, depending on how quickly the parties can agree.
When parties can’t negotiate without outside help, neutral third parties, also known as mediators, can be included during negotiations to help the parties reach a consensus.
Once all avenues of consensus are exhausted, the case goes to trial. The trial process is one of the shortest phases in the process and can take a day or two.
Receiving an accident settlement check is the final process in a car accident claim. It involves the plaintiff signing off receipt of the agreed settlement. This usually happens in the lawyer’s office and takes a day.
The value of a car accident settlement in Florida is dependent on several factors, including economic damages, non-economic damages, and your personal injury protection (PIP) coverage.
Economic damages include all damages that can be quantified in monetary terms such as:
These are intangible damages that can be difficult to quantify such as:
Florida is a no-fault state. That means every driver must carry a minimum personal injury protection (PIP) coverage of $10,000. This coverage pays for damages in the event of an accident, regardless of fault. Having this coverage means you only file a claim with the at-fault party’s insurer if the damages resulting from the accident go beyond the amount covered by the PIP coverage limits.
Maximizing your compensation is key to ensuring you make a full recovery for your damages. Here are five ways to maximize your compensation.
If you have been involved in a car accident in Florida, our skilled Daytona Beach personal injury lawyer at Rick Kolodinsky, P.A., can help. Rick Kolodinsky is a Florida Board-certified civil trial lawyer with over 40 years of experience representing injured accident victims and a track record of success to back it up. Contact us online or give us a call at 386-200-1866 to schedule a free consultation today.
Mr. Kolodinsky has been honored by his induction into this prestigious nationwide organization of trial lawyers. Of some 900 lawyers in Volusia Country there are four lawyers so honored.
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