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The simple answer is yes, you could possibly face a car accident lawsuit if you are found to be the at-fault driver. However, there are a few things that must be taken into consideration before a lawsuit can be filed, such as the extent of the injuries suffered and if there was negligence on your part.
Generally speaking, there is no cap on the amount of damages that can be awarded for general pain and suffering in Florida. However, if the lawsuit involves medical malpractice, then there is a limit of $500,000 that can be awarded.
To calculate pain and suffering, Florida juries can consider a variety of factors, including: The severity of your injuries. The limitations your injuries impose on your daily life. Past, current, and future suffering caused by the injury.
Typical Car Accident Settlement Amounts In Florida The average settlement for a car accident could be anywhere between $5,000-$30,000. However, Florida's no-fault laws and the unique factors of your collision will affect your car accident settlement. The amount of time it takes to settle your case also varies.
Florida law allows victims to be compensated for pain and suffering only under very specific circumstances. No automated approach to calculating personal injury damages can interpret how the law might apply to your case or what the statutes will allow you to recover in your claim.
It entails totaling your economic damages and multiplying them by a variable. Typically ranging from 1.5 to 5, higher variables are assigned to more severe cases. For instance, if you incurred $100,000 in economic damages and a 1.5 variable is applied, your pain and suffering damages would amount to $150,000.
Whether your PIP benefits apply will depend on the details surrounding the accident. If you are injured in your own vehicle outside of the state, benefits are payable. If a resident relative is injured in your vehicle outside of the state, benefits are available to them as well.
In 2021, the Florida Senate introduced SB 54, which would eliminate the mandatory PIP requirement for auto insurance. In its place, the new PIP reform law would require vehicle owners to carry: A minimum of $25,000 in bodily injury coverage. A minimum of $50,000 for two or more people in any one accident.