Mike Hancock is the founder of Hancock Injury Attorneys, a former insurance defense attorney, and an AV-Preeminent–rated lawyer by Martindale-Hubbell, with over 35 years of experience practicing personal injury law.
After a serious crash, many people wonder how to maximize their car accident settlement. The truth is, there’s no one-size-fits-all car accident settlement amount. Every case depends on the facts, evidence, injuries, damages, and how effectively those factors are presented.
While every car accident claim is different, there are steps you can take to protect your rights and increase the likelihood of receiving appropriate compensation for your damages and injuries.
Below are five ways to maximize your car accident settlement in Florida.
Video transcript:
Ever wonder how they come up with those big settlement numbers? Let me explain how personal injury claims are calculated. Personal injury claims basically follow the same pattern no matter what the injury is, what causes the injury, whether it's a car accident, a slip and fall, a trip and fall, any other type of product defect case causing an injury, the evaluation and calculation of damages is always the same.
Let's take a car accident case, the most typical type of personal injury case. In a car accident case, the first thing we're going to do is look at who caused the accident. Is it extremely 100% clear that the other person was the sole cause of the accident or are we dealing with a situation where our client is partly at fault also? or in some cases we have multiple defendants that contributed to the cause of the accident.
First we're dealing with fault. Oftentimes it's 100% the fault of the other driver. Let's say in a car accident case in Florida we follow something called a contributory fault which means that even if the driver admits that they're at fault they can also claim that our client was partly at fault themselves. So that gets taken into account.
The second thing that is put into the evaluation and calculation of a personal injury claim is the amount of your damages. And your damages are essentially broken down into economic damages and non-economic damages. And the economic damages are generally medical bills up to the date of a settlement. We call those past medical bills and then a calculation of what your future medical bills are going to be as a result of your injuries.
So, we're taking all of that past and future medical bills into account. We're also taking into account the extent of your lost wages. And when we go to resolve your claim or settle your claim, anything from that day in the past is called past lost wages. Anything in the future that you haven't yet lost but are expected to lose is called loss of earning capacity.
A perfect example would be a client who works a manual labor job. Let's say they build homes. They're a brick layer. And as a result of the accident, they can no longer be a brick layer making $50,000 a year and they don't have the other educational background to go out there and do a job making the similar amount of money. So those clients sometimes have a loss of earning capacity. They're not going to be unable to work for the rest of their lives. They're just going to be unable to make as much as they did prior to the accident.
We calculate that loss of earning capacity. We use experts such as vocational rehabilitation experts to help us determine what the loss of earning capacity is. And then to calculate those damages, we also bring in an economist which is required under the law to bring all of that future loss of earning capacity back to present value.
Those are the economic damages, the medical bills and lost wages, past and future. Then we have the non-economic damages that are broken down into what is generally referred to as pain and suffering. But in Florida, pain and suffering is really seven different elements. You’ve got compensation for your pain, your suffering, your mental anguish, your inconvenience, your loss of enjoyment of life, and your disability and scarring. Pain and suffering is the term we commonly use, but it’s really seven different elements.
We then also figure out what your past pain and suffering is worth. We also work with your doctors and other experts, we figure out what type of non-economic pain and suffering damages you're going to have in the future. So that goes into the evaluation of your future pain and suffering.
So all of those things start with how the accident happened. One of the things that are really important in car accident cases is what does the damage look like to the cars? Is it just a tiny dent on the bumper or is your car total? All of those factors go into the evaluation and calculation of damages in a personal injury claim.
If you have any other questions regarding the calculation or worth of your personal injury claim, please give me a call at 813-915-1110. I'll be happy to discuss it with you. The consultation's always free. We can do it over the phone. I'll be happy to answer any questions you might have.
1. Gather strong evidence to support your car accident claim
When it comes to maximizing your car accident settlement, strong evidence is everything. The more proof you have of what happened and how it affected you, the harder it is for the insurance company to dispute your claim.
Important evidence to help maximize your car accident settlement can include:
- Photos or videos from the accident scene
- Police reports and witness statements
- Vehicle damage estimates
- Proof of lost wages or missed work
- Medical bills and treatment records
Even small details can make a big difference in establishing fault, showing the full extent of your injuries, and maximizing your car accident settlement.
FAQ: Can I still maximize my car accident settlement if I don’t have photos from the accident?
Yes, but it may be harder. Your attorney can use other types of evidence, such as witness statements, police reports, and expert analysis, to help prove your claim and maximize your car accident settlement.
2. Seek Medical treatment and follow your doctor's recommendations
One of the most important ways to increase the value of your car accident settlement is by seeking medical care immediately after a crash and following your doctor’s advice.
Insurance companies closely review medical records when evaluating injury claims. Insurance adjusters look at your medical records to determine how serious your injuries are and whether you’re doing everything you can to recover.
Here’s how medical records and treatment can impact your case:
- Prompt care shows your injuries were directly caused by the accident.
- Consistent treatment helps prove ongoing pain and suffering.
- Medical records provide solid evidence of your damages.
FAQ: What if I feel fine after the accident?
You should still see a doctor. Some injuries, like concussions or soft tissue damage, don’t appear right away and could worsen over time.
3. Understand what factors determine your car accident settlement value
The value of a car accident settlement depends on the specific facts of your case. Insurance companies evaluate several factors when determining what a claim may be worth. These factors include who caused the accident, medical expenses, lost wages, loss of earning capacity, and vehicle damage.
A car accident claim may include both economic and non-economic damages. Economic damages may include medical bills and lost wages, while non-economic damages may include pain and suffering, etc.
4. Understand settlement vs. trial options
Most car accident cases are resolved through settlements, not trials. Settling can save time and reduce stress, but sometimes, going to trial is necessary to get fair compensation.
Here’s a quick breakdown of the difference between a car accident settlement and going to trial:
- Settlement: Both sides agree on a fair amount without going to court. In many cases, a car accident settlement is reached through negotiations with the insurance company.
- Trial: A judge or jury decides the outcome after reviewing evidence.
If the insurance company offers less than what your case is worth, your lawyer can negotiate for a car accident settlement or prepare your case for trial to fight for the compensation you deserve.
FAQ: Will I get more money if I go to trial?
Not always. Trials can result in higher awards, but they also carry risks. Your attorney can help you weigh your options and choose the best path forward.
5. work with an experienced car accident attorney
Hiring an experienced personal injury attorney can help you maximize your car accident settlement and protect the value of your claim.
An experienced car accident attorney understands how to evaluate the full extent of your damages, identify current and future losses, and use proven negotiation strategies to build a strong case.
A Tampa car accident attorney knows how to handle insurance companies that often attempt to minimize your claim or reduce the compensation you deserve. From investigating the accident to negotiating with insurance adjusters, an experienced lawyer can help ensure your rights are protected throughout the car accident settlement process.
Here’s what your attorney can do for you:
- Handle all communication with insurance adjusters
- Collect and organize key evidence
- Work with experts to strengthen your case
- Negotiate for the best possible settlement
- Take your case to trial if needed
Having legal representation not only provides peace of mind but also helps ensure that important details are not overlooked when the value of your claim is being calculated. A thorough approach can make a significant difference when seeking compensation after a car accident.
FAQ: How do attorneys get paid in a car accident settlement?
Most personal injury attorneys, including Hancock Injury Attorneys, work on a contingency fee basis, meaning you pay no upfront attorneys fees and only owe attorney fees if your case is successful.
Take the Right Steps to Protect Your Car Accident Claim
If you want to maximize your car accident settlement in Florida, gathering evidence, seeking medical treatment, documenting your damages, and consulting with an experienced attorney can help protect the value of your claim. With the right legal team by your side, you can focus on your recovery while your attorney handles negotiations, communicates with insurance companies, and fights for the compensation you deserve.
At Hancock Injury Attorneys, we have helped clients throughout Florida pursue fair compensation after car accidents by building strong cases supported by evidence, experience, and personalized attention.
To discuss your case with one of our attorneys, call Hancock Injury Attorneys today at 813-915-1110 or reach out through our contact form for a free, no-obligation consultation.