Knowing how much to expect from a car accident settlement can help you form realistic goals when filing your own claim. While every case is different, it can still help know if your case is average and what makes a case typical or extraordinary. Our Miami car accident attorneys explain everything you need to know about average car accident settlements.
What Is the Average Settlement for a Car Accident in Miami, FL?
The average car accident settlement in Miami is approximately $15,000. A typical claim can range anywhere from $3,000 for a case with only property damage to as high as $75,000 for a case with significant injuries. Severe injuries can make a settlement much more, including over $1 million. However, an average case falls in the $15,000 range. A settlement is unique to the facts in that case, and a victim should never make an individual decision based on averages or typical settlements.
How To Determine the Average Car Accident Settlement in Miami
The Rocky Mountain Insurance Information Association (RMIIA) [1] reports that Miami’s average car accident settlement is $15,443. It can be hard to know a typical settlement because not all cases formally go through the legal system. Plus, when a claim is brought to court, the terms of the agreement may not be made public. These are all reasons why it can be hard to know exactly what the average car accident settlement is in Miami. However, by looking at public settlement agreements and hearing from insurance industry experts, our Miami personal injury attorneys can determine that a typical settlement is approximately $15,000 for a car accident case.
Recoverable Damages in a Miami Car Accident Claim
How much to expect from a car accident settlement depends on the following damages:
- Costs to treat injuries
- Severity of harm
- Whether injuries can be treated in a period of time or whether injuries are expected to last a lifetime
- Rehabilitation
- Mental injuries, psychological care and counseling
- Lost wages; earning potential of the victim
- The extent of pain and suffering to the victim
- Loss of services provided to family members; changes in activities and caregiving
- Property damages
- Punitive damages and attorneys fees in qualifying cases
The general rule is: The more severe a car accident is, the higher the car accident settlement. The laws in Miami and throughout Florida are that a victim should be compensated for their losses—no more and no less. That means there isn’t one blanket number for what a victim receives, even for certain categories of injuries. Instead, the victims’ losses determine what their actual car accident settlement is regardless of what’s average in Miami or Florida. Remember that not all losses are tangible or able to be added up with a calculator. If you’re unable to take care of family members you used to provide care for before the accident, that’s a type of loss. The physical pain associated with an accident and limitations in the activities you used to enjoy is a kind of loss.
Differences Between States in Typical Car Accident Settlements
There may be some variation in typical car accident settlements based on the state law that applies to the case. In Miami, Florida’s no-fault laws apply. These laws send claims with only property damages and minor injury through self-insurance. An individual may make a claim to their own insurance company in order to seek compensation. They don’t have to prove the other party is at fault to make the claim. Claims that go through the no-fault system are lower amounts than cases that proceed outside of the no-fault system. In fact, the exception exists to the no-fault system to address very serious cases like permanent, life-changing and disfiguring injuries. If no-fault cases are included in the calculation of average personal injury settlements, the average will be much lower. Average car accident settlements may appear significantly higher or lower in some states than others. Still, it all depends on what’s included in the calculation and how various claims are categorized.
How Long Does an Average Car Accident Settlement Take?
An average car accident settlement takes between a few months and up to two years. It’s common for a case to take approximately 12-18 months. Usually, how long it takes depends on the severity of the damages. For minor injuries where damages can be calculated to a sum certain, it’s reasonable to expect a settlement in just a few weeks. When damages are more serious, it can take longer to value them, prove liability and respond to defenses raised by the opposing party. Complex legal issues of fault may further complicate how long it takes to reach a settlement. The average car accident case can take one year or more, but it varies based on the complexity of the case.
Why Is My Car Accident Settlement Taking So Long?
A car accident settlement can seem like it’s taking so long because there are significant documentation and legal proofs involved in ensuring that the victim gets fair compensation. You deserve payment for all of your losses. Determining what you deserve means taking several steps, including:
- Valuing your damages
- Assessing the laws and researching legal issues that may be relevant
- Conducting an investigation into the facts
- Building witness testimony
- Working with the appropriate experts
- Determining the responsible parties
- Addressing long-term damages
- Gathering evidence for non-economic losses
- Participating in calculated settlement negotiations
- Complying with legal requests for documentation and making demands of your own to build the evidence
An attorney for car accidents can help you work through your case efficiently. Working diligently to document the case and build evidence can further your case and put you in a strong position to negotiate a fair resolution.
Attorneys for Fair Car Accident Settlements
Have you been in a Miami car accident? We invite you to meet with our attorneys for fair car accident settlements in Miami. We know how much your case means to you. We offer professional, skilled legal services aimed at helping you get fair results quickly for your claim. Contact us today for a free and confidential consultation.
Legal References:
[1] Rocky Mountain Insurance Information Association (RMIIA). Cost of Auto Crashes & Statistics. Retrieved 8 April 2021.