Car Accident Lawyers in Pensacola, FL (2023)

Car Accident Lawyers in Pensacola, FL (2)

Pensacola Car Accidents

220 West Garden Street, 9th Floor

(850) 316-9100

Rating Overview

five stars

based on1996reviews

Contact us today

  • $15 Billion+ Won
  • 800+ Lawyers Nationwide
  • The Fee is FreeTM, Only Pay If We Win
  • America’s Largest Injury Law Firm
  • Protecting Families Since 1988
  • contact form
  • quiz
  • checklist
  • FAQ
  • resources
  • testimonials
  • process
  • results
  • related cases
  • related pages
  • related neighborhoods

Pensacola Car Accidents

All car accidents are traumatic experiences for everyone involved, and even if you walked away from the crash under your own power and with minor physical harm, you’ll likely remember the events of the situation for the rest of your life. Regardless of how you feel following your wreck, you should make sure to seek comprehensive medical treatment after you’ve removed yourself from the scene.

Unfortunately, despite the importance of medical care, treatment is often expensive, and many car accident victims sustain significant financial damage while trying to pay off the expenses of their accident. Not to mention the cost to repair your vehicle, which has become exceptionally more expensive as the price of car parts rises globally. You’ll likely file a claim with your insurance provider to mitigate some of the harm, but what should you do if your accident surpasses the limit of your PIP coverage or you’re left with a serious injury?

A $10,000 minimum of PIP insurance is required for all motorists in Florida, but as prices rise across many industries, many people are finding that their policy doesn’t protect them as much as they thought. You can sue for a car accident if you’ve exceeded your personal injury protection (PIP) coverage and if you weren’t responsible for the crash. This can help you recover the additional compensation you need to get back on your feet if your case is successful.

However, between the mountains of paperwork and the need to prove liability, it’s difficult for those without legal knowledge to find success in car accident lawsuits, especially if the opposing party uses your decision to proceed without an attorney as a vulnerability. Even if your accident was minor, it’s recommended for all car accident victims to retain an attorney if they plan on filing a lawsuit, and fortunately for you, Morgan & Morgan has some of the best in the business.

In some cases, insurance companies have intentionally diminished or denied their client’s rightful benefits in an attempt to capitalize on their vulnerability and profit from the relationship. While they might believe that they’re only moving numbers around in a spreadsheet, their actions have real-world consequences, with some involving families who are on the verge of losing their homes. You paid into your policy every time you received a bill, so their decision to disrespect both you and the agreement is nothing short of an intolerable offense. Our Pensacola office is staffed with attorneys and team members who are knowledgeable about all aspects of car accident law, and we’re prepared to advocate for the compensation you deserve in the face of any bully organization, regardless of their size or the complexity of your contract.

If you or someone close to you was involved in a car accident, our attorneys can help you navigate through the process from beginning to end. We have what it takes to handle any car accident case, making us an undeniable asset in your pursuit of compensation. Contact us today for more information on how to get started.

Free Case Evaluation

Tell us about your situation so we can get started fighting for you. We tailor each case to meet our clients' needs.


Morgan & Morgan

  • How Does Car Insurance Work in Florida?

    Florida is one of the twelve “no-fault” insurance states, meaning that all motorists are required to hold at least $10,000 worth of PIP coverage and $10,000 worth of personal injury protection insurance to operate a vehicle legally. This requirement was enacted to provide blanket coverage for all motorists on the road and eliminate the difficulty of pursuing legal action for minor car accidents. Before PIP insurance, you had to endure a lengthy process in order to receive the payout from your contract, but now you can file a claim with ease if the total amount of damage from your accident is under $10,000. However, if your accident results in more than $10,000, and you haven’t elected another healthcare policy, it can force you to pay for the damage from your own pocket.

    Chances are, your medical treatment resulted in a sizeable expense, but PIP insurance will only cover $2,500 in benefits if your injuries aren’t considered an “emergency medical condition,” which is a designation given to those whose injuries can be “reasonably expected to long-term harm or a fatality without treatment." Unfortunately, minor car accident cases rarely result in this designation, and these individuals will have to cover their medical costs through other means, such as an additional healthcare coverage plan.

    Rising auto part costs have also lessened the impact of PIP insurance for all Florida motorists. A part that previously cost $300 now costs $700, and in car accidents where your vehicle sustains significant damage, it can add up to a considerable expense. Unless you’re independently wealthy or hold an additional coverage plan, you’ll be forced to pay for the accident from your own pocket, which is why it’s recommended for anyone who discovers they’ve exceeded their PIP coverage to contact a trusted attorney to discuss their options moving forward.

  • What Does PIP Cover?

    Your PIP coverage will protect you against the financial consequences of an unforeseen car accident, but only up to $10,000 if you’ve chosen the minimum policy. If you’re a passenger in another driver’s car at the time of an accident and you have your own PIP coverage, Florida law states that you’re covered by your policy rather than the driver’s. However, this rule doesn’t apply if the passenger doesn’t have their own PIP coverage, and the driver’s policy will extend to the uninsured person in these types of situations. If you’re filing a PIP claim with your provider, you can expect to recover:

    Medical Expenses: Most medical expenses stemming from an accident are covered by your PIP insurance, such as treatments, therapies, medications, and hospital stays, but only up to 80% of the total damage. If your injuries total $6,000, you’d only receive compensation for $4,800 of that damage, and you’ll have to cover the remainder of the expense through an additional healthcare coverage plan or out of pocket. Additionally, you’ll only receive $2,500 in benefits if your injuries aren’t considered an “emergency medical condition,” which is only given to more serious accidents.

    Lost Wages: Your policy will pay 60% of your lost wages, up to $10,000. You should make sure to maintain accurate and detailed records of your income to prepare for a situation like this, as having more information will ensure that you receive the rightful recovery for your lost wages.
    Funeral Benefits: Losing someone close to you is never easy, especially if their life was taken in an accident that could have been prevented. Florida’s PIP insurance will cover all funeral expenses, including the burial and service, and compensate the next of kin with $5,000 for the relevant costs.

    Florida does allow you to extend your PIP coverage to people living within your household, which is a good option for families with children who are new drivers. In fact, there are many ways that you can tailor your coverage to best fit you and your situation, so it’s recommended to speak with your provider routinely to discuss any new programs or benefits you might qualify for. However, if your insurance provider chooses to act unethically during any stage of the process, you might need a lawyer to help advocate for the rights that protect you.

  • What Should I Do After an Accident?

    The most important thing after any car accident is your health and wellbeing, so you should make sure to remove yourself from the scene and assess yourself for damage. Even if you don’t notice any pain or lingering injuries at first, it’s recommended for everyone to seek medical attention after a crash to determine if there are any underlying injuries that can cause problems later down the line. Also, you should remember to never admit fault at the scene of the accident, as even saying, “My bad,” can potentially prevent you from recovering compensation in the future.

    Once the authorities arrive and take over the scene, it’s time for you to visit an experienced medical professional for a comprehensive evaluation. The doctor in charge of your care should take detailed and accurate notes about all of your injuries, making sure to perform tests to discover any evidence of internal damage. In some cases, car accidents have walked away from their wreck with injuries that they won’t notice, such as internal bleeding, which can cause serious health concerns if left unchecked. By seeking medical care, not only are you ensuring that you have the necessary information for the legal process of your accident, but you’re also taking a proactive step regarding your health and wellbeing.

    At this point, you’ll have a solid understanding of the total damage you accrued over the course of your accident and will know whether or not you’ll exceed your PIP coverage. If you haven’t, you can file a claim with your insurance provider and collect your benefits, but if not, you’ll have to assess your options on how to move forward. Just remember: any car accident lawsuit in Florida will require you to prove the other driver was at fault, and this is often a difficult task for someone without an attorney by their side.

  • Can I Sue for a Car Accident in Pensacola?

    Florida law does allow you to sue for a car accident if the damage of your accident exceeds your PIP coverage, your injuries are considered severe, or if the other driver was acting negligently at the time of the crash. Negligence, by definition, is when someone acts without care or regard for the consequences of their actions, so a negligent driver could be anyone who maneuvers their vehicle on the road without thinking of how their actions affect other drivers. If their negligence resulted in your car accident, you could be eligible to recover the damage you sustained.

    However, you can sue for damages not covered by your PIP insurance. If you have a basic PIP policy, your injuries required you to stay in a hospital, and your bill was $60,000, you can only seek $50,000 for recovery because your PIP coverage is $10,000. The many restrictions and rules make it difficult for anyone without legal experience to succeed in their car accident lawsuit, with the mountains of paperwork and need to prove liability furthering the problem. That’s why it’s so important to have an experienced attorney by your side if you want to go down this route, as they can use their knowledge and experience to help you navigate through the process with ease. Fortunately, our Pensacola office is staffed with these very attorneys, and we’re prepared to fight tirelessly to ensure that your case results in the best possible outcome.

  • Do I Need a Car Accident Lawyer?

    Although it isn’t required to retain an attorney for your car accident, their involvement offers some key benefits that can prevent you from paying for the crash out of your own pocket. Regardless of how severe your injuries are, it’s likely that you’ll need some time to recover from the experience, whether physically or emotionally. However, with the stress of your expenses looming overhead, it can be difficult to focus on your recovery, and many car accident victims who proceed without an attorney have to handle both their physical and financial recovery all at once. Stressful is an understatement, but by teaming up with an experienced attorney, you can protect your compensation and take some much-needed time to recover.

    Proving liability and ensuring the correctness of all your legal paperwork is a car accident lawyer’s specialty. They can use their legal background to establish a solid foundation for your case starting at day one, which can help protect you from unforeseen circumstances, such as your lawsuit going to trial, and give you the best possible chance of recovering what you deserve. Your attorney should also have experience at the negotiation table, as this is where the majority of car accident disputes are solved. They’ll advocate for the severity of your harm in the face of the at-fault party, formally request your rightful compensation, and protect you against any unethical meddling, allowing you to take a back seat to the litigation and watch as they work their magic.

    In some cases, insurance companies have attempted to capitalize off the vulnerability of someone’s decision to proceed without an attorney. They’ll see your individuality as a weakness, even if it’s not, and try to use unethical business tactics to bully you into accepting a lower settlement. If they’re successful, you can walk away from the situation feeling defeated and with compensation that doesn’t fully cover the damage you’ve sustained, causing you to shoulder the financial burden of your accident on your own. Having an attorney by your side prevents this situation from occurring, as they can use their legal knowledge to identify the unethical organization’s tactics and navigate around them.

  • What Can a Car Accident Lawyer Do for Me?

    A car accident lawyer can help you with all the legal aspects of your car accident from the very beginning of your case until the end, always ensuring that you’re on the path towards success. Our attorneys have a proven track record of recovering the full extent of damages across all of our car accident cases, and we’re prepared to offer you the same results in your time of need. When you contact us for your first consultation, our attorneys will:

    • Investigate your case and determine fault: The first thing our team will do is assess the situation surrounding your case and determine if you meet the criteria for a formal case. If it’s determined that you qualify for compensation, our attorneys will begin to establish a foundation for your case moving forward.
    • Gather all pertinent information and evidence: Next, our attorneys will begin to collect evidence on your behalf. Your medical records, police reports, and any photo/video from the accident itself can all help prove the severity of your injuries and clarify fault to a third party, so we’ll make sure to leave no stone unturned. Also, our team works closely with subject-matter experts, and we can enlist their involvement to prove our points at the negotiation table further.
    • Negotiate with the at-fault party: Once we’ve gathered all the relevant evidence from your accident and established a foundation, we’re ready to start negotiating a settlement with the at-fault party. We’ll display your damages, advocate for how they affected you, and set a dollar figure for each. The at-fault party can accept our terms and agree to a settlement, or they’ll disagree with certain aspects and attempt to change our minds. However, our team has already determined the rightful compensation you should receive based on your damages and your policy, so any change the at-fault party suggests could be an attempt to lower your payout.
    • Bring your case to the courtroom: Although most car accident disputes are resolved through negotiations, there is a chance that no agreement can be reached. If we find ourselves in this situation, don’t worry, as all of our attorneys are prepared to advocate for the compensation you deserve in the courtroom. Other law firms fear when a case goes to trial, but not us. Our attorneys relish the opportunity to litigate in a courtroom setting, making us an undeniable asset in your pursuit of compensation.
  • What Can I Expect to Recover in a Lawsuit?

    While your specific recovery will depend on the circumstances surrounding your case, the average car accident victim can expect to recover damages for:

    • Medical expenses
    • Lost wages
    • Total/partial loss of earning capacity
    • Emotional/mental anguish
    • Pain and suffering
    • Punitive damages
    • Funeral expenses (in the case of wrongful death)

    Some of these damages, such as emotional and mental anguish, are difficult to advocate for the severity of because most of the damage is internal. A third party won’t be able to look across the table and fully understand how truly the damage is affecting you, which can cause them to offer you lower compensation amounts as a result. However, our attorneys are uniquely capable of advocating for the severity of all damages in car accident lawsuits, and we’ve helped our clients recover thousands of dollars for the mental pain they’ve endured after their accident.

  • What Pensacola Neighborhoods Does Morgan & Morgan Serve?

    Our firm has offices from coast to coast, but we serve the people of Pensacola in the following neighborhoods:

    • Bellview (32526)
    • Brent (32503)
    • East Pensacola Heights (32503)
    • Ensley (32534)
    • Ferry Pass (32514)
    • Gonzalez (32533)
    • Goulding (32503)
    • Gulf Breeze (32561)
    • Myrtle Grove (32506)
    • Oriole Beach (32563)
    • Pensacola (32501)
    • Tiger Point (32563)
    • Warrington (32507)
    • West Pensacola (32506)

    We stand as an ally For the People of Pensacola against the powerful. If you or someone close to you was injured in a car accident, we’re only a phone call away.

  • Why Choose Morgan & Morgan?

    There are hundreds of law firms that handle car accident cases, but how do you know that the one you choose will keep your best interests in mind and give you the best chance of finding success? You don’t want to make the wrong decision, as hiring the wrong law firm can result in you paying for the accident from your own pocket. In fact, Morgan & Morgan was founded after John Morgan hired the wrong lawyer for his brother, Tim, and embarked on a frustrating legal journey where they were rarely treated with dignity. Since then, we’ve made it our mission to ensure that no other family has to go through the same situation because, to us, you are Tim, and you are family for life.

    Over the last three decades, we’ve helped thousands of clients escape from the consequences of accidents they didn’t cause and recovered over $15 billion on their behalf, earning us the title of America’s largest personal injury firm. However, despite our size, we continue to be a family firm, and we’ve never let our success take away from the aspects of our firm that made us who we are today. We provide a best-of-both-worlds service for all of our clients by combining the relationships of a small firm with the resources of a corporate giant, whereas other firms make you choose one or the other, allowing our clients to feel fully protected during their legal challenges.

    In the most difficult moments of your life, Morgan & Morgan has your back. Our success has also earned us a reputation of never settling for less than our clients deserve, and insurance companies have come to notice. They don’t want to see you’ve teamed up with our firm because they know that they can’t offer low-ball settlement offers. Other firms might have to accept the diminished settlement because they don’t have the resources to fight for the case in a courtroom setting, but not us. If they offer you anything less than you’re entitled to, we’ll see them in court, and we’re always prepared to go the extra mile for someone’s rightful compensation.

  • Contact Morgan & Morgan’s Pensacola Car Accident Attorneys Today

    The chance of walking away from a car accident without sustaining any type of damage is very low, as even minor sideswipes can result in thousands of dollars in damages under the right circumstances. Although PIP insurance does help mitigate some of these consequences, it can only do so much, and it’s becoming increasingly less effective as medical costs and repair expenses rise globally. Many car accident victims exceed their coverage before they’ve even received medical treatment, which is why it’s so important to speak with an attorney immediately after your accident to understand your options.

    Our Pensacola office is staffed with attorneys and team members who make a difference in the lives of their clients. They’re committed to finding the best possible resolution for any car accident victim, and if your accident calls for a lawsuit, they’re all trained and ready for that scenario. We understand that your life will change dramatically without your rightful compensation, so we're prepared to do anything within our power to help you recover the compensation you deserve, regardless of the severity or complexity of your case.

    If you or a loved one were injured in a car accident that wasn’t your fault, our attorneys are here to stand by your side as you seek to recover damages. With over 800+ trial-ready attorneys, three decades of experience, and the resources that other firms can only dream of, Morgan & Morgan’s car accident lawyers are uniquely capable of helping you find success in your legal challenge.

    Contact us today to get started.

Related Pages

  • Negligent Security Lawyer in Pensacola, FL
  • Golf Cart Injury Pensacola
  • Car Wreck Lawyer in Pensacola
  • Why Is a Golf Cart Accident Lawyer Important in Pensacola?
  • Car Accidents in Pensacola: What Can I Do Today?
  • Social Security Disability Lawyers in Pensacola, Florida
  • Wrongful Death Attorneys in Pensacola, FL
  • Motorcycle Accident Attorneys in Pensacola, FL
  • Pensacola Spinal Cord Injury Lawyers
  • Nursing Home Abuse Lawyers in Pensacola, FL
  • Pensacola Product Liability Attorneys
  • Pensacola Overtime Attorneys
  • Pensacola Slip and Fall Attorneys
  • Pensacola Veterans’ Benefits Attorneys
  • Pensacola Workers' Compensation Lawyers
  • Employment Lawyers in Pensacola, Florida
  • Medical Malpractice Attorneys in Pensacola, FL
  • Pensacola Brain Injury Lawyers
  • Pensacola Burn Injury Lawyers
  • Car Accident Lawyers in Pensacola, FL
  • Pensacola Dog Bite Lawyers
  • Insurance Attorneys in Pensacola, FL

See More

Serving The Following Neighborhoods & More

  • Bellview (32526)
  • Brent (32503)
  • East Pensacola Heights (32503)
  • Ensley (32534)
  • Ferry Pass (32514)
  • Gonzalez (32533)
  • Goulding (32503)
  • Gulf Breeze (32561)
  • Myrtle Grove (32506)
  • Oriole Beach (32563)
  • Pensacola (32501)
  • Tiger Point (32563)
  • Warrington (32507)
  • West Pensacola (32506)

See More

See Less

Last updated on Apr 27, 2023


How much does attorney charge for car accident in Florida? ›

Their goal is to win or settle your case. When this happens, they'll get a percentage of your settlement. Typically, a car accident lawyer will charge about 33% for a personal injury case that doesn't go to trial. However, if you can't settle your case – or refuse to settle – this percentage will go up to 40%.

What are most lawyer fees for car accident? ›

Most commonly, attorneys take 33% so if you are awarded $100,000 in damages your attorney would receive $33,000 of that amount in legal fees. However, fees can generally range from around 25% to around 40% depending on the stage at which the claim is resolved and the complexity of the case.

How much can someone sue for a car accident in Florida? ›

How much can someone sue for a car accident? In Florida, there is no limit on the amount of compensation that someone can sue for as because of a car accident. However, the amount must be documented and supported by evidence of damages.

What is the maximum a Florida attorney can charge to settle car crash? ›

How much are attorney fees for a car accident? It depends on the state of the car accident. For example, in Florida, attorney's cannot charge more than 33 1/3% of any settlement before a lawsuit. In most car accident cases, the attorney only takes a fee on the personal injury claim.

What is the average settlement for car accident pain and suffering in Florida? ›

According to the car accident settlement examples listed on this page, the average Florida car accident settlement is anywhere from $300,000 to $6,100,000. Settlements depend greatly on the unique circumstances of each case which is why there is no accurate average settlement amount for car accidents in Florida.

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

It will usually take between four to six weeks for a person to receive their personal injury settlement check in Florida. However, this does vary depending on the extent of your injuries and the complexity of the car accident claim.

What percentage does a lawyer get in a settlement case in Florida? ›

Once you sign a settlement agreement or receive a jury verdict in your favor, your lawyer will take 33.3 percent or one-third of the compensation as their fee. For example, if you settle with the insurance provider for $30,000, your attorney would get $10,000 while you get $20,000.

What percentage do most injury lawyers take? ›

As a general rule, the personal injury lawyer will receive 33% of the final settlement amount in the case. However, cases that go to trial often incur different costs. The goal of this fee structure is to minimize the client's financial risk in hiring an attorney to represent them.

How much do lawyers take from settlement in Texas? ›

Contingency fee arrangements are most common in personal injury cases and the amount is a percentage of the settlement in the case. A typical percentage is anywhere between 33.33% and 40%. Usually, a lawyer will charge a fee of 33.33% pre-suit (before trial) and 40% if the case goes into litigation.

How much do you get for pain and suffering in Florida? ›

Generally speaking, there is no cap on the amount of damages that can be awarded for general pain and suffering in Florida. However, if the lawsuit involves medical malpractice, then there is a limit of $500,000 that can be awarded.

How long does an insurance company have to settle a claim in Florida? ›

Insurance companies in Florida have 90 days to settle a claim after it is officially filed. Florida insurance companies also have specific time frames in which they must acknowledge the claim and then decide whether or not to accept it, before paying out the final settlement.

Can you sue for pain and suffering from a car accident in Florida? ›

Yes, Florida does allow accident victims to recover damages for pain and suffering from an auto accident in certain situations. Pain and suffering are considered a “non-economic” damages. Unlike, for example, medical bills, there is no clear monetary value for pain and suffering.

Who pays for car damage in Florida no-fault? ›

Due to Florida's no-fault laws, your insurance will pay for your auto repair after an accident you did not cause in Florida. However, if the costs of damages exceed your policy limits, you may qualify to recover additional compensation elsewhere.

Should I hire an attorney after a car accident in Florida? ›

Therefore, it's recommended to hire a lawyer soon after your accident. A car accident lawyer can advise you on how to handle your insurance company and lead negotiations to ensure that you get a fair settlement. Under Florida Statute 627.7407, the State of Florida is a no-fault state.

Do I need a lawyer after a car accident in Florida? ›

Florida law doesn't require you to hire an attorney after a car accident. In fact, there are several instances when hiring one may not be necessary. These include: Accidents of a minor impact, with no apparent damage.

Do you have to pay taxes on a car accident settlement Florida? ›

If you receive a settlement for personal physical injuries or physical sickness and did not itemize deductions for medical expenses related to the injury or sickness in the previous years, the full amount is non-taxable.

Can you sue for emotional distress in Florida? ›

If your employer retaliates or refuses to take corrective action, you can and should file a Florida lawsuit against your employer. U.S. Courts have long held that employees can sue their employers for emotional distress if they are responsible for that distress through action or irresponsible inaction.

How much money can you get from a car accident in Florida? ›

There are no limits on how much compensation you can get for pain and suffering in a Florida car accident.

Who pays for medical bills in a car accident in Florida? ›

To sum it all up, the injured person is ultimately responsible for his or her own medical bills following a car accident in Florida. Your PIP insurance will cover the first 80 percent, followed by your primary health insurance.

How long does negotiations take for car accident settlement? ›

Mediation can take as little as a few hours or as much as several days. If you still cannot agree during the mediation, you might decide to file a lawsuit. Overall, the settlement negotiation process typically takes a few weeks to a few months.

How long do I have to see a doctor after a car accident in Florida? ›

Statute Of Limitations Following An Accident

As an example, in the state of Florida, the injured has 14 days to seek medical treatment. You may lose your right to file a PIP claim if you wait more than 14 days to get medical attention after an accident.

What is the most money awarded in a lawsuit? ›

1998 – The Tobacco Master Settlement Agreement - $206 Billion. The Tobacco Master Settlement Agreement was entered in November 1998 and is still the largest lawsuit settlement in history.

Is settlement money taxable? ›

Generally, settlement funds and damages received from a lawsuit are taxable income according to the IRS. Nonetheless, personal injury settlements – specifically those resulting from car accidents or slip and fall incidents – are typically exempt from taxes.

What is the usual result of a settlement? ›

The result of a settlement agreement involves the responsible party paying a certain amount to compensate for the damages caused to the victim.

What is a success fee in personal injury cases? ›

A success fee is the amount of compensation a personal injury lawyer can take to cover their general services if your claim is successful. The success fee percentage is capped at 25% by law, meaning that your lawyer or solicitor can only take up to 25% of your compensation.

What percentage of cases are settled before trial? ›

Kiser, principal analyst at DecisionSet, states, “The vast majority of cases do settle — from 80 to 92 percent by some estimates.” Other sources even claim that this number is closer to 97 percent. However, not all cases are created equally.

What percentage of lawyers burn out? ›

The burnout rate was higher for female lawyers, at 86%, than for male lawyers, at 70%. And it was higher for caregivers, at 82%, than those who are not caregivers, at 74%. Marginalized groups also had a higher burnout rate.

Do lawyers make money from settlements? ›

In general, contingency fees tend to be between 30 percent and 40 percent of the final settlement amount. The average fee is about 33 percent or about one-third of the final settlement. In the simplest terms, if your settlement is worth $100,000, your attorney will receive $33,000.

What is the biggest lawyer payouts? ›

Number 1: The 1998 Tobacco Master Settlement Agreement

The 1998 Tobacco Master Settlement Agreement is also the biggest civil litigation settlement in US history. At USD246 billion, it is unlikely to be beaten any time soon. The case was brought against all the major tobacco companies by more than 40 US states.

What percentage do most lawyers take as a contingency fee? ›

That said, the most common lawyer contingency fee average ends up being 33%, or ⅓ of the total earnings of a case, but can go up to 40% (in some jurisdictions) as the complexity and risk involved in taking the case increases.

How is pain and suffering calculated in a car accident in Florida? ›

To calculate pain and suffering, Florida juries can consider a variety of factors, including: The severity of your injuries. The limitations your injuries impose on your daily life. Past, current, and future suffering caused by the injury.

How much can you get for emotional distress in Florida? ›

Florida doesn't place a cap on the amount of damages for mental trauma in a personal injury case unless medical malpractice is involved. In the event it's a medical malpractice case, it is capped at $500,000.

Does workers comp pay for pain and suffering in Florida? ›

Workers' comp does not include benefits for a worker's pain and suffering damages. These non-economic damages could be recovered in a personal injury claim against an employer.

What is the 90 day rule in Florida? ›

90 Days – Your insurer must complete its claim investigation within 90 days of receipt of the claim, unless factors beyond the control of the insurer prevent it, in which case the claim must be paid or denied within 15 days after those factors cease. Fla. Stat.

Do insurance companies always offer a settlement? ›

Unless the insurance representative has a solid reason not to pay the claim, you can almost always expect a settlement offer after filing a claim with an insurance company.

What is the settlement rule in Florida? ›

Fee-Shifting Requirements under Florida Settlement Rule 1.442. Generally, the state of Florida follows the “American rule,” meaning that each party in a civil lawsuit is responsible for his or her own attorney fees regardless of the outcome of the case.

How do you prove pain and suffering? ›

Some documents your lawyer may use to prove that your pain and suffering exist include:
  1. Medical bills.
  2. Medical records, including your treatment records.
  3. Pictures of your injuries.
  4. Psychiatric records.
  5. The time you missed from work.
  6. Your mental state.

What is considered a serious injury in a car accident in Florida? ›

‍In order for something to be considered a serious injury after an accident, a medical professional has to deem it so. These types of injuries are generally those which happened in the spine or brain. Due to the fact that these injuries have life altering effects, they are considered serious.

Can you sue for whiplash in Florida? ›

Whiplash injuries are normally not litigated in Florida, as PIP insurance handles most claims. However, if you have a preexisting injury that a whiplash accident exacerbates, you can pursue a claim.

Will my insurance go up if the accident wasn t my fault Florida? ›

Generally, a no-fault accident won't cause your car insurance rates to rise. This is because the at-fault party's insurance provider will be responsible for your medical expenses and vehicle repairs. If your insurer doesn't need to fork out money, your premiums won't go up.

Does insurance go up if not at fault Florida? ›

Now that you understand that no-fault does not mean that each driver is blameless, remember that insurance companies cannot raise your rates unless you are “substantially at fault” – more than 50%. This requires an investigation into the crash.

What happens if you lose a car accident lawsuit in Florida? ›

If you lose a car accident lawsuit in Florida, the injured person becomes a judgment creditor. They can use various judgment collection tools to collect on their judgment. However, proper asset protection planning could make it difficult for the judgment creditor to collect on their judgment.

How long do you have to sue for a car accident in Florida? ›

The Florida statute of limitations for a personal injury lawsuit (including a car accident lawsuit) tells you how long after an accident you can sue in Florida. The general bodily injury deadline is four years after the date of the injury.

How long can you sue after a car accident in Florida? ›

In most cases, you have two years from the date of your car accident to claim injury in Florida. This time limit is established by Florida's statute of limitations, or Florida Statute § 95.11(3)(a). If you are pursuing a wrongful death lawsuit, Florida Statute § 95.11(4)(d) also gives you two years to file.

Can you be sued for a no-fault accident in Florida? ›

Because of Florida's “no-fault” auto insurance, the likelihood of being sued for an auto accident is much less than that of other states. However, if your injuries qualify as “serious injuries,” legal action can be taken against the party at fault.

What am I entitled to after a car accident in Florida? ›

minimum limits of bodily injury liability of $10,000 per person, $20,000 per crash, $10,000 property damage liability per crash, and. personal injury protection limits of $10,000 per person per crash.

Does your insurance go up after an accident in Florida? ›

Car insurance rates are slightly higher after an at-fault accident with injuries compared to an accident with only property damage. In Florida, your rates could increase anywhere from 22% to 77% depending on your insurance company.

How much do lawyers take from your claim in Florida? ›

Once you sign a settlement agreement or receive a jury verdict in your favor, your lawyer will take 33.3 percent or one-third of the compensation as their fee. For example, if you settle with the insurance provider for $30,000, your attorney would get $10,000 while you get $20,000.

What percentage do injury lawyers take in Florida? ›

In most cases, in the state of Florida, a personal injury attorney will charge between 10% and 45%, with the average being 33.33%. It's worth mentioning that you can negotiate this amount if needed.

How much can you sue for pain and suffering in Florida? ›

Generally speaking, there is no cap on the amount of damages that can be awarded for general pain and suffering in Florida. However, if the lawsuit involves medical malpractice, then there is a limit of $500,000 that can be awarded.

Do you have to pay taxes on a lawsuit settlement in Florida? ›

When it comes to lawsuit settlements, it is important to understand if and how the settlement is taxable in Pembroke Pines, Florida. Generally, any damages you receive from a lawsuit settlement are considered taxable income by the Internal Revenue Service (IRS). This includes compensatory damages and punitive damages.

How are personal injury settlements paid out in Florida? ›

If you have settled your personal injury claim, your attorney will receive the settlement check from the insurance company in the mail. He/she will deposit the check into their client trust account, and transfer the money to you accordingly.

What is personal injury compensation in Florida? ›

Florida is a no-fault state. This means that each driver's own car insurance pays for his or her injuries and damages that result from an accident regardless of who was at fault for the accident. Florida law requires all drivers to carry a minimum of $10,000 in personal injury protection per person per accident.

What is the personal injury threshold in Florida? ›

The tort threshold in Florida is a law stating that victims of personal injury accidents must sustain one of four types of injuries in order to recover non-economic damages, such as pain and suffering or mental anguish. The four injury types in Florida's tort threshold are: Permanent injury.

How long do you have to get a lawyer after a car accident in Florida? ›

In Florida, all lawsuits are bound by Florida's Statute of Limitations. These are the laws that define how much time can pass after an accident before you can no longer make a claim. The statute of limitations for this type of accident is four years.


Top Articles
Latest Posts
Article information

Author: Catherine Tremblay

Last Updated: 17/12/2023

Views: 6490

Rating: 4.7 / 5 (47 voted)

Reviews: 94% of readers found this page helpful

Author information

Name: Catherine Tremblay

Birthday: 1999-09-23

Address: Suite 461 73643 Sherril Loaf, Dickinsonland, AZ 47941-2379

Phone: +2678139151039

Job: International Administration Supervisor

Hobby: Dowsing, Snowboarding, Rowing, Beekeeping, Calligraphy, Shooting, Air sports

Introduction: My name is Catherine Tremblay, I am a precious, perfect, tasty, enthusiastic, inexpensive, vast, kind person who loves writing and wants to share my knowledge and understanding with you.