How long does it take to settle a car accident case in Florida?

After a car accident in Florida, many victims wonder how long it will take to receive compensation for their injuries and damages. The timeline for settling a car accident case varies based on several factors, including the severity of injuries, insurance company negotiations, and whether the case goes to trial.

If you or a loved one were injured in a car accident in Florida and need legal help, the Law Offices of Jason Turchin offers free consultations. Call 800-337-7755 today to discuss your case.

Average Time to Settle a Car Accident Case in Florida

Most car accident claims in Florida settle within a few months to a few years. The timeline depends on factors such as:

• Minor Injury Cases: May settle in as little as 3 to 6 months.
• Moderate Injury Cases: Can take 6 to 18 months.
• Severe Injury Cases: May take 1 to 3 years, especially if a lawsuit is filed.

Factors That Affect the Timeline of a Car Accident Settlement

1. Severity of Injuries

Cases involving minor injuries, such as bruises or whiplash, tend to settle faster than cases with severe injuries, such as traumatic brain injuries or spinal cord damage. Insurance companies require extensive medical documentation for serious injuries, which can prolong the process.

2. Medical Treatment Completion

In Florida, it is generally recommended to wait until you have completed medical treatment or reached maximum medical improvement (MMI) before settling a case. This helps ensure that all medical costs, including future treatment, are accounted for in the settlement.

3. Insurance Company Negotiations

Insurance companies often delay settlements to minimize payouts. Some common tactics include:

• Offering a low initial settlement.
• Requesting additional medical records.
• Disputing liability to shift blame.

An experienced Florida car accident lawyer can negotiate with the insurance company to speed up the process.

4. Liability Disputes

If the insurance company disputes who was at fault for the accident, the case may take longer to resolve. Florida follows a modified comparative negligence system, meaning your compensation may be reduced if you were partially at fault.

5. Whether a Lawsuit is Filed

If the insurance company refuses to offer a fair settlement, filing a lawsuit may be necessary. While most cases settle before trial, litigation can add several months or even years to the process.

What Are the Steps in a Florida Car Accident Settlement?

Step 1: Initial Investigation and Claim Filing (1-2 Months)

After an accident, you should gather evidence, including police reports, witness statements, and medical records. Your attorney may then file a claim with the at-fault driver’s insurance company.

Step 2: Medical Treatment and Recovery (Varies)

Your case should not be settled until your medical treatment is complete. Depending on your injuries, this could take weeks, months, or longer.

Step 3: Settlement Negotiations (2-6 Months)

Once your attorney submits a demand letter outlining your damages, the insurance company may review the case. They may accept, counteroffer, or deny the claim.

Step 4: Filing a Lawsuit (If Necessary) (6-12+ Months)

If a fair settlement cannot be reached, a lawsuit may be filed. The litigation process includes depositions, discovery, and possibly mediation or arbitration before trial.

Step 5: Trial and Resolution (1-3 Years if Litigated)

Most cases settle before trial, but if the case proceeds to court, the timeline may extend significantly.

How Much Compensation Can You Expect in a Florida Car Accident Settlement?

The value of a car accident settlement in Florida depends on several factors, including the severity of injuries, medical expenses, lost wages, and emotional distress. While every case is different, settlements may range from a few thousand dollars for minor injuries to millions for catastrophic cases.

Factors That Determine Settlement Value

• Medical Bills: The cost of emergency treatment, surgeries, physical therapy, and ongoing care.
• Lost Wages: Compensation for time missed from work due to injuries.
• Pain and Suffering: Non-economic damages for physical and emotional distress.
• Permanent Disability: If the accident results in lifelong impairments or disfigurement.
• Property Damage: The cost of vehicle repairs or replacement.

Florida follows a modified comparative negligence rule, which means your settlement may be reduced if you are found partially at fault for the accident.

How No-Fault Insurance Affects Car Accident Settlements in Florida

Florida is a no-fault insurance state, meaning that drivers must first file a claim under their Personal Injury Protection (PIP) coverage, regardless of who caused the accident. However, PIP benefits only cover up to 80 percent of medical bills and 60 percent of lost wages, with a limit of $10,000.

When Can You Step Outside of Florida’s No-Fault System?

To file a claim against the at-fault driver, you must meet Florida’s serious injury threshold, which includes:

• Significant or permanent loss of a bodily function.
• Permanent injury or disfigurement.
• Death of a loved one (wrongful death claims).

If your injuries qualify, you may seek compensation from the at-fault driver’s insurance through a personal injury claim.

What Happens If the Insurance Company Refuses to Settle?

In some cases, insurance companies refuse to offer a fair settlement, forcing accident victims to consider litigation. If the insurer acts in bad faith by delaying or denying a valid claim, your attorney may file a lawsuit.

Signs the Insurance Company May Be Acting in Bad Faith

• Delaying claim processing without a valid reason.
• Offering a lowball settlement that does not cover your expenses.
• Refusing to investigate your claim properly.
• Failing to provide a clear explanation for the denial.

If you suspect bad faith tactics, contact a Florida car accident attorney to explore legal options.

Can You Settle a Florida Car Accident Case Without a Lawyer?

While it is possible to settle a car accident claim without legal representation, insurance companies often take advantage of unrepresented claimants by offering low settlements. An experienced lawyer can help by:

• Negotiating with the insurance company to maximize compensation.
• Gathering medical records and expert testimony to support your claim.
• Filing a lawsuit if necessary to pursue fair compensation.

Working with an attorney can often result in higher settlements and a smoother claims process.

Contact a Florida Car Accident Lawyer for Help with Your Settlement

Understanding how long it takes to settle a car accident case in Florida can help you prepare for the legal process. If you need assistance, the Law Offices of Jason Turchin is ready to help.

Call 800-337-7755 for a free consultation. You won’t pay any fees or costs unless we win or settle your case.

FAQs

How long does it take to get a settlement check after an agreement?

Once a settlement is reached, it usually takes 30 to 60 days to receive a check. The insurer must process payment, and any medical liens may need to be resolved before funds are disbursed.

What if the insurance company delays my claim?

If the insurance company is stalling, your attorney can take legal action for bad faith insurance practices under Florida law.

Can I speed up my car accident settlement?

You can help move the process along by providing all requested documents promptly, attending all medical appointments, and working with an attorney who can negotiate effectively.

What is the statute of limitations for car accident claims in Florida?

Florida law allows two years from the accident date to file a personal injury lawsuit.

Do I need a lawyer for a car accident settlement?

While you are not required to have a lawyer, working with an attorney can sometimes help ensure you receive the maximum compensation available.

Contact a Florida Car Accident Lawyer Today

If you were injured in a car accident in Florida, the Law Offices of Jason Turchin can help. Call 800-337-7755 for a free consultation.