While there is no data on the average settlement value for rear-end collisions, there are a few key factors that can provide insight into the potential value of a case. These include the certainty with which another driver was at fault for the accident as well as the extent of your costs and losses.
With this information, it is possible to determine appropriate levels of compensation in a particular case. We can help you assess whether an insurance company’s settlement offer is fair—and seek the best possible outcome for you.
Fault for an Accident Determines How Much Victims Can Seek
Any driver who is responsible for causing a rear-end collision is liable to provide compensation to all affected people. As a result, identifying and proving this fault is a vital part of collecting appropriate payments.
However, we may also need to gather evidence to counter any allegations that you were partially at fault for the accident, as this can reduce your compensation.
Comparative Fault in Florida
Courts in Florida use a concept called comparative fault to determine how much a victim should be awarded. Under Florida Statute § 768.81, the actions of all parties involved in an accident will be evaluated and assigned a level of fault. Next, the award for an injured person may be reduced based on their percentage of responsibility.
We will use this concept to estimate a potential settlement value for your rear-end collision. If it becomes clear that an accident was entirely the fault of another driver, you can expect to seek full or close to full compensation.
However, if liability is partially shared, a realistic expectation may point to a partial monetary recovery. Our goal is to prove that another driver was solely to blame for a collision and recover maximum compensation on your behalf.
The Extent of Your Losses Can Influence Your Settlement
One vital part of being able to estimate the potential value of a rear-end collision is measuring the extent of your losses. While it is true that an at-fault driver must provide full compensation for all resulting damage, the burden typically lies on the affected individuals to prove the extent of these damages.
The core of the case will revolve around physical injuries and the medical care necessary for treatment. Liable drivers and their insurance companies may be required to provide payments for the costs of all care. This can include:
- An ER visit
- Imaging tests
- An ambulance ride
- Physical rehabilitation
Accidents can also impact a person’s life in other ways. You may experience flashbacks, nightmares, or other mental health concerns after a collision. In addition, the incident may result in significant pain. These intangible losses represent another form of compensation that we could seek through an insurance claim or lawsuit.
Statute of Limitations in Car Accident Cases
It is important to gather the evidence in your case and begin the process as soon as possible. Florida Statute § 95.11(3)(a) is the state’s statute of limitations for car accident cases. It says that injured people must begin filing a lawsuit within four years of the date of the accident.
A failure to meet this deadline could leave you unable to collect any compensation.
Determining the Potential Value of a Rear-End Collision Requires an In-Depth Analysis
It is impossible to determine the average value of rear-end car accident cases. However, by analyzing the fault of the parties in the accident as well as measuring how the incident has impacted your life, it is possible to determine the value of your rear-end accident case.
Typically, as the severity of your injuries and economic losses grow, so too does the potential value of your case. If we work on your case, we will also undertake several other steps to seek the best possible settlement value for you, including:
- Gathering compelling evidence of your costs and losses
- Investigating and attributing fault
- Handling all communication with the insurance companies for you
- Handling the negotiating process
- Taking your case to court if necessary in order to reach a fair settlement
- Ensuring your case meets any important deadlines
- And more
Call Us Today for Your Free Consultation
The legal professionals at Chalik & Chalik Injury Lawyers are ready to help you after your rear-end car accident. From explaining your legal rights to performing an investigation into the incident, we can fight for the compensation that you may deserve while you focus on your recovery.
During your free call to our office, you can ask us about:
- The damages you may qualify to seek
- How much compensation you could be able to pursue
- How we may be able to take the next steps for your case
- How you will be able to work directly with our founding partners
Call our Fort Lauderdale office today at (954) 476-1000 to learn more during your free consultation.
For a free legal consultation, call (855) 529-0269