Factors Affecting Car Accident Injury Claims In Florida

Factors Affecting Car Accident Injury Claims In Florida

If you get involved in a car accident in the state of Florida, it’s natural that you will wonder about the money you might be able to recover as a settlement from the incident. Many factors affect the amount of settlement in the car accident as every case is different. Therefore your settlement will completely depend on the particulars of the accident, injuries sustained, and the damages. Let’s consider some of the factors that are unique to car accident cases.

1. Was the driver drunk or on drugs during the accident?
If the negligence of the driver was the reason for your injuries you are liable to get punitive damages in the state of Florida. This threat of punitive damage results when the liability insurer offers more for the settlement than if their client was not intoxicated.

2. Was he using services such as Onstar?
The newer cars these days may be using services such as Onstar. These kinds of services provide a range of information about things such as the speed of the vehicle when the impact occurred and the exact location of the point of impact. If the car is using such services you can ask for a report immediately. Things such as the speed at the time of impact are vital because the adjusters will need to see evidence that vehicles were not traveling at high speed before the impact. The negligent driver could be speaking on a cell phone at the time of the car accident. If so, in Florida this driver will face punitive damages apart from pain and suffering, lost wages, and medical bills.

3. Was the car towed away from the car accident scene?
It will help the case of the injured person if the car was towed away from the scene of the accident. This might indicate to the jury that it was a serious accident. Generally speaking, the judge will award more money for pain and suffering in these cases where there were attempts made to hide something.

4. Was there any damage to the car?
In most cases the cars having minor damage lead to smaller injury settlements than compared to car accidents where there is huge damage. Judges will not believe the plaintiff if he says he suffered major injuries if there was little damage to the car. You can talk on 911 to check out if anyone witnessed the speed of the car or commented on it.

5. Do you have a proper estimate of damage to the car?
Images can tell you many things about the incident. However, you might not have access to the pictures showing damage to the car or sometimes the images would show only a little damage. Many times if there is damage to the undercarriage or chassis you cannot observe it just by looking at the car body images. Be sure to send a damage estimate copy to the liability adjuster when you can see only minor damage to the car.

6. Was the injured person wearing seat belts?
The value associated with the case of the injured person may get decreased when they were not wearing seat belts. The law in Florida regarding seat belts depends on the age of the car occupants and also on whether they were sitting in the front or back of the car.

Everyone is aware that you can seek monetary compensation from car accidents. But do not try to figure out everything by yourself. If you are involved in a car accident in Tampa, FL area, give a call to the Rojas Law Group immediately. They are experienced and capable of sorting out your claim and get you the settlement.

Picture Credit: 123rf