Average Head-on Collision Settlement in FloridaTrusted Content
Legally reviewed by:Erik Abrahamson, J.D. July 30, 2021
Few moments are more frightening than watching another vehicle speed toward you at a head-on angle and knowing there is little you can do to avoid the impact.
The aftermath of this scenario can be just as, if not more, frightening. In 2018, head-on collisions accounted for 29.5% of multiple-vehicle crash fatalities. For those who survive head-on collisions, severe injuries can alter their lives in unimaginable ways.
If you have suffered a head-on collision injury, addressing medical needs, wage loss, and property damage is likely daunting. You may be too overwhelmed to also think about suing the at-fault driver in court.
The defendant will likely be eager to settle with you in lieu of trial, but do not settle without legal advice. The advice of an experienced car accident attorney can maximize your recovery in a head-on collision car accident settlement.
What to Expect from a Head-On Collision Settlement
Do not base the value of your accident on the average settlement for a head-on collision. That average does not exist. Every accident is unique, and settlement values should be treated accordingly.
However, there are many factors that can help you predict the settlement value of your particular accident.
How your accident occurred, the nature of your injuries, the level of property damage, and the ways in which your life has changed dictate the kind of settlement you could obtain in a negotiation.
Damages You Should Receive in a Settlement
Your settlement should cover the amount of damages you could be awarded at trial. Like a trial award, your settlement should cover your present and future economic losses, your pain and suffering, and any punitive damages applicable against the at-fault driver.
In Florida, not all car accidents involving bodily injury are appropriate to a lawsuit against a third party. To file a claim against an at-fault driver for your pain and suffering damages in Florida, your accident must involve:
- Significant and permanent loss of an important bodily function,
- Permanent injury,
- Significant permanent scarring,
- Significant permanent disfigurement, or
An experienced attorney can determine whether you meet this threshold for recovery against an at-fault driver. If you do not meet the threshold, an attorney can help you determine your best options for relief.
The simplest portion of a settlement amount to calculate is your economic damages.
An at-fault driver should compensate you for accident-related medical care (past, present, and future), your wage loss from missed work and diminished earning capacity, the cost of property repair or replacement, and any other financial expenses or losses you experience.
Evidence for these damages is in your receipts, invoices, estimates, financial statements, and medical reports.
It is imperative that you seek medical attention immediately after a collision to establish your present and future medical needs. Common head-on collision injuries can be severe and can require long-term medical intervention.
An experienced personal injury attorney has the knowledge and resources to forecast the cost of your lifetime medical needs before you enter settlement negotiations.
There are no exact financial statements for your non-economic damages, but these damages are incredibly important in your recovery. Your post-accident stress, pain, and difficulties with routine activities and hobbies are worth something in a settlement.
Although money does not fix everything, you should receive non-economic damages to compensate you for your pain and suffering.
A personal injury attorney can undertake the complicated task of holding an at-fault driver accountable by converting your pain and suffering into a just dollar amount.
When an at-fault driver’s conduct exceeds ordinary negligence, they can be liable for punitive damages.
To receive punitive damages under Florida law, you must prove by clear and convincing evidence that the at-fault driver’s actions were intentional or grossly negligent.
Though there is no average settlement for a head-on collision, there are limits to the punitive damages you can collect. In most cases, your punitive damages cannot exceed the greater of:
- Three times the amount of the sum of your economic and non-economic damages; or
The standards to prove your entitlement to punitive damages are high, but an experienced attorney knows how to meet them.
Your Level of Fault Can Diminish Your Recovery
Unless the at-fault driver is liable for an intentional tort, Florida law reduces your economic and non-economic damages by the percentage of fault you had in causing the accident. The other driver’s insurance company wants to reduce or eliminate a settlement offer by arguing the accident is your fault.
A car accident attorney knows what facts and legal standards to highlight to diminish your fault and effectively pursue every penny your claim is worth.
Contact an Attorney to Fight for the Full Value of Your Claim
An experienced personal injury attorney knows how to look at the facts of your case to maximize your recovery.
Our attorneys at Abrahamson & Uiterwyk have over 30 years of experience, and we have collected over $300 million on behalf of our clients. We are dedicated personal injury attorneys in Florida who fiercely fight for your rights with integrity. We also treat you with the compassion you deserve.
Do not struggle alone to recover just value in a car accident case. Call us at 813-223-5295 or contact us online, and let us help you win what you are due.