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Creditors Generally Cannot Garnish Your Personal Injury Settlement. Under Fla. Stat. § 222.14, creditors cannot garnish income from a settlement or annuity??unless the creditor can show the debtor attempted to delay or defraud them.
Assessing the value of pain and suffering takes into account factors like injury severity, duration, emotional distress, and the influence on their quality of life. At Abrahamson & Uiterwyk, our team of Florida personal injury attorneys excels in calculating pain and suffering for our clients.
If you have settled your personal injury claim, your attorney will receive the settlement check from the insurance company in the mail. He/she will deposit the check into their client trust account, and transfer the money to you ingly.
In short, under Florida homestead exemption law, at-fault drivers cannot lose their homes in an accident-related lawsuit ? even if they receive a negative financial judgment in court.
It will usually take between four to six weeks for a person to receive their personal injury settlement check in Florida. However, this does vary depending on the extent of your injuries and the complexity of the car accident claim.
Tax season is upon us and if you or someone you know was involved in an accident and received compensation from the personal injury settlement, you might wonder if it's taxable. The short answer is in general, personal injury settlements are not taxable in Florida.
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.
Once you sign a settlement agreement or receive a jury verdict in your favor, your lawyer will take 33.3 percent or one-third of the compensation as their fee. For example, if you settle with the insurance provider for $30,000, your attorney would get $10,000 while you get $20,000.