Car accident injury in Florida? This article will help you understand the factors that most impact the potential settlement amount for your injuries and damages when dealing with State Farm.
Handling a car accident injury settlement with an insurance company can be complicated and stressful.
Unfortunately, this process cannot always be avoided. However, an experienced personal injury attorney can play a pivotal role in obtaining a favorable settlement.
If you have been involved in a car accident in Florida and are overwhelmed with handling the claims process with State Farm, or any other insurance company for that matter, we want to help.
The Tampa car accident lawyers at Abrahamson & Uiterwyk have a reputation for excellence in helping car accident victims recover. We have extensive experience dealing with insurance companies, and we are ready and willing to fight for your rights to get you the compensation you deserve.
What You Need to Know About State Farm Accident Settlements
The Florida car accident settlement process can be strenuous and time-consuming.
To make matters worse, it often feels as if insurance companies, like State Farm, will try anything they can to deny your claim or pay out as little as possible.
However, there are some important things you should know that can help you maximize your State Farm accident settlement.
What Steps to Take After a Car Accident in Florida
The time immediately following a car accident in Florida is crucial.
If you are able, there are a few important steps that you should take to give yourself your best shot at success:
- Stop and check for injuries;
- Call the police and report the accident;
- Get identification and contact information of other parties involved in the accident;
- Gather evidence to support your claim;
- Take photographs of the scene and the vehicles involved
- Collect witness statements;
- Seek medical attention to further assess any injuries; and
- Continue to monitor how you feel in the coming days and weeks.
Unless you have sustained substantial injuries in your car accident, in which case you should seek medical attention immediately, it is imperative that you take the above steps.
State Farm may try to deny your claim for a number of reasons.
However, taking the appropriate steps and collecting as much information and evidence as possible can go a long way in preventing your claim from being denied.
What to Do If You Are Insured by State Farm
Once you’ve made sure to take the proper steps immediately after your accident, it is time to begin your claims process.
If you have sustained injuries or property damage in a car accident and you are insured by State Farm, the first step in this process will be to contact State Farm to file your claim.
In fact, your policy will often require this. Failure to promptly file your claim could result in losing out on valuable compensation you may be owed.
You can file a claim online or by calling 800-SF-CLAIM (800-732-5246).
Once you file your claim, State Farm will assign an insurance adjuster to investigate your claim and negotiate your settlement with you.
However, it is important to note that you do not have to sign or accept any settlement that State Farm offers you.
We would always recommend consulting with an attorney before agreeing to any settlement to ensure that you do not miss out on any compensation you may be entitled to.
What to Do If State Farm Contacts You
If you are not insured by State Farm and they contact you, know that you are not obligated to speak with their representatives. In this scenario, State Farm does not represent your best interests.
Rather, they will have a strong financial incentive to protect the interests of their insured. Thus, State Farm will likely do everything in its power to deny your accident claims outright or negotiate the lowest possible settlement.
Dealing with another party’s insurance company can feel intimidating. Our car accident attorneys can take on this burden and communicate with them on your behalf. Don’t feel pressured to accept any offer until you have had a chance to review it with a lawyer.
What Is the Average State Farm Settlement Amount for Whiplash?
Unfortunately, there is no “average” settlement amount for a whiplash claim or any other bodily injury resulting from a car accident.
However, there are certain factors that exist that can help you determine your potential recovery.
What Compensation Can I Recover?
In a Florida car accident case, there are generally two types of damages for which you may receive compensation: compensatory damages, which can be broken down into economic and non-economic damages, and punitive damages.
Economic damages are the monetary losses that you incur as a result of your accident. These include:
- Past and future medical expenses;
- Property damage;
- Loss of earning capacity; and
- Lost wages.
Economic damages will help compensate you for your financial losses. Thus, it is important to get the full amount you are owed from the insurance company so that you can begin to recover.
Non-economic damages, on the other hand, are more subjective and can be difficult to ascertain and calculate. Examples of non-economic damages include:
- Pain and suffering;
- Loss of enjoyment of activities; and
- Loss of consortium.
Economic damages will help compensate you for your financial losses. Thus, it is important to get the full amount you are owed from the insurance company so that you can begin to recover.
Non-economic damages, on the other hand, are more subjective and can be difficult to ascertain and calculate. Examples of non-economic damages include:
Are There Any Limits to My Amount of Recovery?
In Florida, there are no limits to the amount of compensatory damages a court can award in a car accident lawsuit. However, State Farm will not be obligated to offer a settlement amount above the policy limit.
Thus, if your actual damages exceed State Farm’s settlement offer, you may need to begin to consider whether you want to settle or seek a higher award through the courts.
Additionally, Florida does impose a limitation on recoverable punitive damages. In general, this cap is up to three times the amount of compensatory damages or $500,000, whichever is greater.
In some scenarios, the limit can be extended to either four times the amount of your compensatory damages or $2 million. An experienced car accident attorney can help you determine whether punitive damages in Florida could be available and which cap applies to your case.
How a Car Accident Lawyer Can Help Get You a Favorable Recovery
Insurance companies like State Farm run their business by denying and underpaying as many claims as possible. When you are up against a large insurance company, this can feel overwhelming and intimidating.
However, the importance of having an attorney in your corner cannot be overstated in helping you get a favorable recovery.
A car accident lawyer can help you gather evidence, assess your available damages, and negotiate your settlement with State Farm.
In short, a personal injury lawyer with knowledge of the law and experience handling insurance claims can help you fight for your rights and work to make sure that State Farm pays you what you deserve.
Contact Our Firm Today
Abrahamson & Uiterwyk is an experienced personal injury law firm that has been helping clients fight for their rights for over 30 years.
We have recovered hundreds of millions of dollars in compensation for car accident victims and their families, handling insurance claims and settlements for clients throughout Florida.
When it comes to taking on big insurance companies like State Farm, we want to help. We have the experience, and we are ready to fight for you. Contact us today for your free consultation to see what we can do for you.
FAQ
Is It Worth the Cost to Hire an Attorney?
What is “worth it” will vary from client to client.
However, at Abrahamson & Uiterwyk, we want to make this process as easy on you as possible. When you retain us, you will not incur fees or costs unless we win your case.
What If State Farm Still Denies or Underpays My Claim?
If State Farm continues to deny your claim or pays you less than you deserve, we won’t stop there. We have a team of experienced trial lawyers that will take your case to court if that is what is in your best interest.
How Do I Know When It’s Time to Consult With a Lawyer?
While you can always try to handle a claim with State Farm on your own, we would strongly recommend consulting with an attorney before settling your claim.
It is never too early to reach out to our team—the sooner you contact us, the sooner we can get started on your case.