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Read MoreIf you were injured in a car accident in Boca Raton, Boynton Beach, Delray Beach or surrounding areas, you may be dealing with unexpected medical bills, lost income, and vehicle repair costs. You’re most likely wondering how to recover compensation for out-of-pocket expenses, lost wages, and pain and suffering the car crash caused.
Car accident settlements can vary depending on the circumstances of the case. Because every case is different, factors such as the severity of injuries, evidence, and liability all are a part of the final settlement amount. Knowing what affects a settlement amount can help set clear and realistic expectations during the claims process.
How Are Car Accident Settlements Calculated in Florida?
Car accident settlements in Florida are based on both the financial losses you’ve incurred (economic damages) and (non-economic damages). There is no fixed formula for calculating a settlement amount, so insurers and attorneys evaluate documented losses, applicable Florida law, and the specific facts of the case.
Florida’s no-fault PIP system covers initial medical expenses up to policy limits regardless of fault, while larger settlement claims typically arise when injuries meet Florida’s serious injury threshold (e.g., “significant and permanent loss of an important bodily function, significant and permanent scarring or disfigurement, permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement, death”).
What Are Economic Damages in a Car Accident?
Economic damages compensate you for the financial losses resulting from a car accident. They’re meant to reimburse you for out-of-pocket expenses and other direct financial impacts.
Lost Wages & Earning Capacity
Lost income and reduced earning capacity often account for a significant portion of a settlement, including both wages already lost and any future income you may be unable to earn such as any promotions you could receive.
Medical Expenses
Compensation for medical expenses includes, emergency treatment, surgeries, follow-up appointments, physical therapy, medications, and any future care or medical equipment your doctor may recommend.
Property Damage
Compensation for property damage covers the cost of repairing your vehicle after an accident or, if it is a total loss, the fair market value at the time of the crash. It may also include reimbursement for personal items damaged in the collision like electronics or car seats.
What Are Non-Economic Damages in a Car Accident?
Non-economic damages are the physical, emotional, and psychological impact an accident can have on a victim’s life.
Emotional Distress
Compensation for emotional distress is for the psychological impact a crash can have on a victim, including anxiety, depression, trauma, PTSD, and loss of enjoyment of life.
Permanent Disfigurement Or Disability
Permanent injuries such as scarring, amputations, or long-term physical limitations can have a devastating impact on quality of life.
Pain & Suffering
Because pain and suffering damages are subjective, evidence and legal arguments are very important to support these claims. An experienced Boca Raton car accident attorney at Kushel Law Group will pursue both economic and non-economic damages you’re entitled to.
What Happens After Your Case Settles?
When a personal injury case settles, you may assume the settlement check is sent immediately, however, the time between reaching a settlement and receiving the check involves several steps in-between. In Boca Raton and throughout Florida, the timeline varies based on insurance carrier processing, lien negotiations, final accounting, administrative procedures, and more. Here’s what typically happens after a settlement is reached and why each step takes time.
Signing the Settlement Agreement & Release
Once both parties agree on a settlement amount, the formal step is signing a settlement agreement and release. By signing this document it:
- Confirms the agreed settlement amount
- Legally releases the defendant and their insurer from further liability
- Prevents the case from being reopened
Insurance Company Processing & Approval
After the release is signed and returned, the insurance company begins its internal processing which could include:
- Verifying final case documents
- Obtaining authorization to issue the settlement payment
- Routing approval through claims supervisors or settlement departments
- Generating the settlement check request
This step in the settlement process is one of the most common reasons for a delay.
Release of the Settlement Check
Once approved, the insurer issues the settlement check to your attorney. When your attorney receives the check they’ll deposit it into a trust account. There is a short waiting period after the deposit while the bank verifies the check, funds clear before disbursement, and your attorney verifies if there are outstanding bills that need to be paid before you get your final setting amount.
Settlement of Medical Bills & Outstanding Liens
Before the final settlement check is issued, any outstanding bills must be paid. This could include:
- Hospital bills (e.g., ER visits and inpatient treatment)
- Ambulance transportation charges
- Diagnostic imaging costs (e.g., X-rays, MRIs, CT scans)
- Physical therapy and rehabilitation expenses
- Specialist visits
- Surgical and procedure costs (e.g., operating room, anesthesia, facility fees)
- Post-operative care and follow-up appointments
- Prescription medication costs
- Medical liens from hospitals or healthcare providers
- Health insurance reimbursement claims (subrogation)
- Medicare or Medicaid lien repayment obligations
- Medical equipment costs (e.g., crutches, braces, wheelchairs)
- In-home care services
This step can take some time because lien holders need to confirm payoff amounts and negotiations may still be ongoing to reduce some balances.
Attorney’s Final Accounting & Fee Allocation
Once all liens and case expenses are paid, your attorney prepares a final settlement statement. This itemizes:
- The gross recover
- Attorney’s fees
- Case costs and expenses
- Medical liens and outstanding bills
- Government or subrogation claims
- Net amount payable to the client
Receiving Your Settlement Check
After everything is finalized and approved, your attorney will issue a check for your portion of the settlement funds.
Boca Raton Car Accident Attorneys
Car accident settlement amounts are all different because every claim has different injuries, medical treatment, time away from work, and negotiations. Having an experienced car accident attorney at Kushel Law Group can make all the difference when it comes to negotiating with insurers, presenting the full impact of your losses, and going to trial, if necessary. We are here to fight for your rights and make sure you get the compensation you deserve. Contact us 24/7 for a free case evaluation by calling us at (561) 940-0100 or filling out our online form so we can determine the next steps for your claim. We have offices in Boca Raton, and also serve clients in Boynton Beach and Delray Beach.
FAQs
How much does it cost to hire Kushel Law Group?
Our Boca Raton car accident attorneys work on a contingency fee basis which means you don’t have to pay anything upfront. We only charge a fee if we secure a settlement for you.
Why choose Kushel Law Group if I’ve been in a car accident in Boca Raton?
Our car accident attorneys have decades of experience in securing compensation for victims. Our team moves quickly after a crash to protect your rights, gather evidence, build a strong case, negotiate with insurance companies, and are here to support you every step of the way.
How long after a car accident can you claim an injury in Florida?
Florida’s statute of limitations for filing a personal injury claim is two years. This is why it’s important to contact a Boca Raton car accident attorney at Kushel Law Group as soon as possible.
Can disputes after a settlement delay my payment?
Disputes over settlement terms, payment amounts, or deductions can slow the release of funds until they are resolved.
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