Truck accidents can result in serious injuries, property damage, and life-altering consequences. If you suffered injuries in a truck accident in Florida, you might be eligible for compensation from the at-fault party or their insurance company. Accordingly, understanding how attorneys and insurance companies calculate Florida truck accident settlements is crucial. This way, you know the evidence you need to fight for fair compensation.
The Tallahassee, Florida truck accident attorneys at Nonni Homola have ample experience calculating the value of truck accident cases. Below, our attorneys explain truck accident settlements in Florida, including the factors that may impact your case’s value, how insurance companies calculate payments, and whether there’s an average semi-truck accident settlement.
Is There an Average Truck Accident Settlement in Florida?
While searching for an average settlement amount for truck accidents may be tempting, it is important to recognize that there is no one-size-fits-all settlement figure. Every truck accident case is unique, with varying circumstances, injuries, and degrees of liability. As a result, settlements can range widely depending on the specific details of the incident.
Many factors contribute to calculating a potential settlement in a truck accident case, including:
- The severity of your injuries,
- The property damage you incurred,
- The level of negligence involved, and
- The insurance coverage available.
Therefore, identifying an average settlement amount does not necessarily help you estimate the value of your case. Instead, it is essential to consult an experienced Florida truck accident attorney who can thoroughly evaluate the nuances of your case and provide a personalized estimate of its potential value.
Factors that Impact Your Potential Settlement
Many factors can affect your potential settlement amount in a truck accident case. Below, we discuss some of the common factors that impact settlements.
The severity of your injuries plays a significant role in calculating your settlement. Severe injuries typically require more extensive medical treatment, a more extended recovery, and greater pain and suffering. Consequently, the more severe your injuries, the higher the potential settlement.
Liability is a critical factor in determining an 18-wheeler accident settlement. Florida is a comparative negligence state. This means that your compensation will be reduced if you’re partially responsible for the accident. For example, if you are 25% responsible for the accident, you can only collect 75% of your damages.
There are two main types of damages in a truck accident settlement: economic and non-economic damages. Economic damages are quantifiable financial losses.
- Past, current, and future medical expenses;
- Past and future lost wages;
- Property damage, such as damage to your car; and
- Loss of future earning capacity.
Non-economic damages are subjective, non-monetary losses from the accident. They’re difficult to quantify. They include compensation for pain and suffering and emotional distress.
In limited circumstances, you might be eligible for punitive damages. Florida courts only award them when the defendant’s actions were grossly negligent or intentional. Punitive damages are meant to punish the responsible party rather than to compensate the injured party.
Available Insurance Coverage
The available insurance coverage of the at-fault party may also impact your potential settlement. In truck accident cases, trucking companies or their drivers typically have some insurance to cover third-party claims. However, if the at-fault party has insufficient or no insurance coverage, you and your attorney should discuss other options for recovering compensation for your injuries.
How Insurance Companies Calculate Settlements
Since many truck drivers and trucking companies have insurance, you may want to know how insurance companies calculate Florida truck accident settlements. Insurance companies use two main methods to calculate potential Florida truck accident settlements. They are the per diem method and the multiplier method.
Per Diem Method
The per diem method calculates your compensation by assigning a daily rate for your pain and suffering. This rate is multiplied by the number of days you’ve been in pain since the accident.
Your attorney may consider your daily earnings or another meaningful figure to determine the daily rate. For example, if you earned $200 per day before the accident and were in pain for 50 days, your pain and suffering compensation would be $10,000 ($200 x 50). This method typically applies to minor to moderate injuries with a shorter recovery period.
The multiplier method involves multiplying your economic damages by a number (ranging from 1.5 to 5) representing the severity of your injury. For example, if your economic damages totaled $20,000 and your injuries were assigned a severity number of 3, your pain and suffering compensation would be $60,000. This method is more commonly used for severe or long-lasting injuries.
Contact a Florida Truck Accident Lawyer
Truck accident claims can be complicated. You should not have to pursue a truck accident settlement alone. If you want help with your claim and calculating the value of your case, contact Nonni Homola.
Our Florida truck accident lawyers have years of experience representing injured victims. Let our skilled lawyers protect your rights and fight for you. We know what it takes to build a solid case to maximize your potential settlement.