The exact compensation you might receive as a passenger injured in a Florida car accident depends on the severity of your injuries, the insurance coverage available, your expenses and losses, whether you pursue a fault-based claim, and other factors.
If you have severe injuries and qualify to file a fault-based claim against the negligent driver who caused your crash, you could recover compensation for additional expenses and losses. A Florida car accident lawyer can help you understand your options and document your damages to secure the payout you need and deserve.
The Severity of Your Injuries Plays the Most Significant Role in Your Payout
Passengers injured in Florida car accidents could recover anywhere from a few thousand dollars to significant seven-figure payouts. It all depends on their injuries, losses, and other factors.
Minor injuries like whiplash, sprains, or bruises usually result in settlements covered by Personal Injury Protection (PIP) insurance. These no-fault policies cover medical care and lost wages after minor injury accidents up to $10,000. Moderate injuries such as broken bones, concussions, or herniated discs could bring a higher settlement.
However, some victims qualify to file a fault-based claim if their injuries meet Florida’s serious injury threshold. The most severe injuries (e.g., traumatic brain injuries, spinal cord injuries, amputations, or other life-altering injuries) usually support a fault-based claim or lawsuit and could allow for much larger payouts.
How Does the Severity of Injuries Affect the Case Outcome?
Each case is different. However, more severe injuries almost always result in a higher payout because your injuries affect nearly every other aspect of the case:
- More severe injuries require costlier medical care
- You will miss more work when you have severe injuries
- You are likelier to have future ongoing care needs to treat serious injuries
- You are more likely to sustain lasting disabilities from catastrophic injuries
- You will endure more pain and suffering if you have severe injuries
It is critical to note you must suffer serious injuries to recover pain and suffering damages in Florida. These noneconomic damages are only available in negligence-based cases and can significantly increase the value of the settlement—especially for lasting injuries that cause chronic pain, emotional trauma, or disability.
Lost Income and Its Effect on Your Car Accident Settlement
Your time missed from work and whether you can return to your previous job also play a significant role in your recoverable damages after a car crash. Suppose your injuries force you to miss extended time from work or make it impossible to work your previous job. You could recover damages for your lost income or reduced earning capacity.
Those who cannot return to a high-paying job will recover the most compensation for their diminished earning capacity. Your attorney will help you document your lost wages and other income and consult experts to confirm your prognosis and inability to return to the workforce.
What Options Does an Injured Passenger Have for Seeking Compensation in Florida?
A Florida personal injury lawyer can help you understand your options for filing a claim and recovering compensation. Under Florida Statutes § 627.736, all drivers must carry PIP coverage. This no-fault policy pays up to $10,000 for medical bills and lost wages after an accident. As a passenger hurt in a crash, you can file a no-fault claim based on one of the following:
- Your PIP policy if you own a vehicle
- A family member’s PIP policy if you reside in the same household
- The driver of your vehicle’s PIP policy
However, PIP coverage only pays enough to cover minor injuries. If you have serious injuries, you might qualify to pursue a fault-based claim under Florida Statutes § 627.737, allowing you to hold the at-fault driver in the crash responsible for the following damages:
- Past and future medical expenses
- Lost income
- Lost earning capacity
- Pain and suffering
- Mental anguish
Most car accident cases settle without going to trial. However, some cases require filing a lawsuit and preparing to go to court. You will want to work with a car accident lawyer if you sustain catastrophic injuries. They will provide legal guidance and protect your rights throughout the claims process.
What if My Loved One Died in a Florida Crash?
When a passenger dies from their injuries, their loved ones can recover compensation in a wrongful death case. These fault-based actions allow families to recoup funeral and burial expenses, the loss of their loved one’s income, and noneconomic damages for the loss of companionship and support.
How Long Do I Have to Act After Sustaining Florida Car Accident Injuries?
Under Florida’s no-fault laws, you only have 14 days to see a doctor to treat your injuries before you lose the right to seek compensation for medical care and other damages via PIP coverage.
For those with serious injuries, Florida Statutes § 95.11 gives you two years from the accident date to file a lawsuit. Failing to act in time could bar you from recovering compensation in court, no matter how compelling your case.
Meeting deadlines in your case is crucial for protecting your rights. You want to act quickly after a collision to get an attorney on your side and begin documenting your damages.
Talk to Our Florida Car Accident Team About Your Accident
Every case is unique, so it is smart to discuss your case with a Florida car accident attorney as soon as possible. They can help you understand the precise value of your case and fight for the maximum compensation you deserve. At GED Lawyers, we provide free consultations for victims hurt in collisions.
Since opening in 1995, GED Lawyers has helped many collision victims get justice. Contact us today to discuss your case with our team.
