Can I Settle My Car Accident Case Before Filing a Lawsuit?

Can I Settle My Car Accident Case Before Filing a Lawsuit?

On Behalf of Rosenthal, Levy, Simon & Sosa | February 20, 2025 | Car Accidents

In 2022, 5.2 million people received medical consultations for car accident injuries. Given that the majority of car accident damages stem from injury-related expenses, documentation of these costs will give you a general idea of the worth of your claim. Of course, emotional and mental trauma must be considered as well, substantially increasing the worth of your case. 

The insurance company is primarily concerned with maintaining its bottom line. Being taken advantage of is the last thing you want, but all too likely if you choose to represent yourself. In this blog, our Port St. Lucie car accident attorneys discuss what factors the insurance company evaluates before making a settlement offer. 

Medical Expenses

If you sustained injuries following a collision, then your medical bills will be calculated into the total cost of your claim. If you suffered catastrophic injuries, then your recovery period will most likely take longer. Generally, a longer recovery time means greater medical costs. However, only “reasonable and necessary” costs to treat your injuries will be considered in determining the worth of your car accident claim. 

Accident-related medical expenses may include any of the following:

• Hospitalizations
• Surgeries
• Physical therapy and other rehabilitative therapies
• Primary care physician (PCP) and specialist visits
• Prescriptions
• Home modifications

Lost Wages

Depending on the extent of your injuries, you may have to work in a limited capacity, or you may be unable to work entirely. If you are an hourly employee, your hourly rate of pay will be multiplied by the hours of work missed to determine your total lost income. If you are a salaried employee, then your annual salary will be divided by the number of days worked to determine per diem pay. If you missed three weeks of work, then your calculated daily pay will be multiplied by the number of days missed to determine lost wages. 

Vehicle Damage

The cost to repair or replace your vehicle will depend on the severity of your crash and the type of damage sustained. Although the insurance company will come up with a repair estimate, it is best that you have a reliable mechanic take a look and provide a quote. 

Under Florida law, a vehicle is considered totaled or a “total loss” if the repairs are valued at 80 percent or more of the car’s actual cash value (ACV). If your vehicle is totaled, your insurance will pay the ACV, minus your deductible. 

Emotional and Mental Trauma

Many accident victims experience emotional and mental trauma following an accident, which is classified as noneconomic damages. Noneconomic damages are intangible losses that impact a person’s quality of life. Noneconomic damages in medical malpractice cases have a statutory cap, but there is no limit in personal injury cases.

Noneconomic damages in a car accident claim may include any of the following:

• Pain and suffering
• Mental anguish
• Negligent infliction of emotional distress
• Loss of consortium
• Post-traumatic stress disorder (PTSD)
• Damage to reputation

Future Costs

If your injuries result in long-term consequences, future medical expenses, and future lost wages will need to be factored in, further increasing the worth of your car accident claim. Since nobody has a crystal ball, your treating physician’s prognosis will be relied upon to determine future damages.

Your Degree of Fault

Accidents are complex, involving many moving factors, which may result in you bearing partial responsibility for the accident. According to Fla. Stat. §768.81 (6), if you are found to be more than 50 percent at fault for the accident, then you will be barred from recovery. Although, if you are found less liable than the defendant, your damages will be reduced based on your degree of fault. 

Sadly, the insurance company will take any and all measures to pin responsibility on you to avoid paying. Having skilled representation is key to proving your lack of accountability, which is what you will find when you work with Rosenthal, Levy, Simon & Sosa Attorneys at Law. We pride ourselves on efficiently collecting pertinent evidence and presenting our findings in a clear-cut manner. 

Aggressive Counsel from Our Port St. Lucie Car Accident Lawyers

Your life may be changed in a moment following a crash. If you find yourself struggling to pay your medical bills or everyday living expenses, our Port St. Lucie car accident lawyers are here to help. With over $12.3 million recovered for auto accident victims, we know what avenues to pursue to collect the compensation you deserve. To schedule your free case review, contact us online or give us a call today.