What Compensation Is Available in a Car Accident Claim?

The financial costs that follow a car accident can be tremendous. If your accident was caused by another driver, you shouldn’t have to pay for their negligence or recklessness. Depending on your case, you may be entitled to various damages for economic and non-economic losses. 

Common forms of recoverable compensation include: 

• Loss of income
• Property damage
• Pain and suffering
• Past and future medical bills
• Diminished earning capacity
• Rehabilitation and physical therapy

Because Florida is a modified comparative negligence state, compensation is calculated based on the fault percentages for each liable party. You can only recover compensation if your share of the liability is 50% or less. However, any compensation awarded will be reduced by that fault percentage. For example, if you are 20% at fault for an accident totaling $50,000 in damages, you can only recover 80% ($40,000). 

How Florida’s No-Fault Auto Insurance Laws Affect Car Accident Claims

Florida is one of the few states to carry no-fault auto insurance. This means the client can claim 80% of medical costs and/or 60% of wages up to $10k under their own policy. After that, the client must make a claim against the at-fault party or under their own UM/UIM policy (Fla. Stat. § 627.736).

This is particularly helpful for accidents that involve a hit-and-run or uninsured driver. In some cases, car accident victims can still file lawsuits to recover compensation that may not be provided by their policy. We can review your available coverage, help you navigate the claims process, and determine whether you have grounds to pursue additional compensation from another party.

When to Contact Our Car Accident Lawyers

Many people make the mistake of accepting the first settlement offer because they don’t want the headache or the hassle. In reality, insurance companies have a reputation for pushing fast, cheap settlements before the true value of a claim is known. Seeking timely counsel after a car accident puts you in a stronger negotiating position when dealing with insurance companies. 

Below are some telltale signs to contact Law Offices of Jason K.S. Porter, P.A. for legal support:  

• Your insurer seems to be dragging its feet.
• You were offered a settlement that doesn’t seem as high as it should be. 
• The at-fault driver caused more damage than your insurance policy covers.

When these situations arise, we recommend contacting our award-winning counsel as soon as possible. We can intervene early to fight for the full compensation you deserve before witness memories fade or time-sensitive evidence disappears. 

Car Accident Claim FAQs

How Much Is My Car Accident Claim Worth?

It depends on your injuries, medical costs, lost income, future treatment, available insurance, and your share of fault, if any. We can evaluate every avenue for financial recovery to maximize available compensation in your case. 

What if the Other Driver Was Uninsured or Underinsured?

Your own uninsured/underinsured motorist (UM/UIM) coverage may help pay for covered injuries if the at-fault driver has no insurance or not enough, depending on your policy. PIP may also cover some medical expenses and lost wages. We can review your coverage and identify the strongest path forward. 

How Long Do I Have to File a Car Accident Claim in Florida?

For crashes occurring on or after March 24, 2023, you only have two years to file a car accident claim under Fla. Stat. § 95.11(5)(a). Different rules may apply to older accidents or special circumstances. We can determine which statute applies to your case and help you file a timely claim to preserve your eligibility for damages. 

Will My Car Accident Case Go to Trial?

Not every case goes to trial. Most claims settle, but a trial may be necessary if the parties dispute who caused the crash or the value of your losses. Our attorneys can assess the evidence, explain settlement terms, and prepare for court if negotiations fail.

Trial-Ready Representation for Serious Car Accident Claims 

A car crash disrupts every aspect of your life. While you’re trying to balance physical recovery with mounting financial stress, insurance companies are already working to reduce their payout. Our injury attorneys step in to level the playing field. 

We draw on over a century of combined experience to evaluate the true cost of your injuries and fight for full accountability. Let us handle the legal burden so you can focus on healing and getting your life back on track.

Don’t let an insurance company dictate how much your car accident claim is worth. Call (904) 701-0591 to schedule a consultation with our skilled and compassionate injury lawyers. Se habla español.