In Florida, car accidents that cause soft tissue injuries can garner settlements ranging from $2,500 to $1 million (or more) depending on the severity of the injury.
How much a car accident victim recovers depends on the severity of their injury. Mild soft tissue injuries can garner a payout ranging from $2,500 to $10,000. A moderate injury settlement can be $15,000 to $50,000. Severe soft tissue injuries stemming from car accidents can result in compensation of $100,000 or even higher.
Average Settlement Amounts for Soft Tissue Injuries in Florida
The average settlement amount for soft tissue injuries in Florida ranges from $2,500 to $1 million. How much you receive depends on whether your injury is mild, moderate or severe, and temporary or permanent.
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Range of Settlements for Minor Soft Tissue Injuries in Florida
Minor soft tissue injuries in Florida can garner a settlement range of $2,500 to $10,000.
Factors Affecting Settlement Amounts for Soft Tissue Injuries in Florida
Different factors affect settlement amounts for soft tissue injuries in Florida. They include severity of the injury, length and type of medical treatment required, credibility of medical evidence, impact on quality of life, pain and suffering, lost wages, liability and fault, comparative case values and insurance companies.
Severity of the Injury
Mild soft tissue injuries carry lower compensation, but severe cases can get a higher settlement.
Length and Type of Medical Treatment Required
The more serious your soft tissue injuries, the more likely it is you’ll need longer, more extensive medical treatment. This warrants a higher settlement.
Credibility of Medical Evidence
Credible medical evidence makes it more likely to get better compensation for a soft tissue injury. This underscores the importance of seeking medical attention and following up with treatment.
Impact on Quality of Life
Some soft tissue injuries can negatively impact your quality of life. This allows you to recover a higher settlement.
Pain and Suffering
Soft tissue injuries that cause significant pain and suffering typically garner higher settlements. This is more the case for chronic pain.
Lost Wages
If you can’t work due to your injury, you’re entitled to compensation for your lost wages. This can increase your settlement.
Liability and Fault
When another party is found liable and at fault for an accident that causes soft tissue injuries, the plaintiff can recover more in their settlement.
Comparative Case Values
Some settlements come about from comparative case values. Comparing one case to another can show what level of compensation is considered fair for a soft tissue injury claim.
Insurance Companies
Settlements from milder soft tissue injuries typically come from insurance companies. According to Florida Statute 627.736, all drivers must carry auto insurance with $10,000 in personal injury protection (PIP) coverage. Because of the limits placed on such coverage, compensation to an injured victim is lower than that awarded in a lawsuit.
Tactics Used By Insurance Adjusters to Minimize Settlement Amounts in Florida
Florida insurance adjusters sometimes use tactics to minimize settlement amounts. Those things include questioning the severity of the injury, disputing causation, using delaying tactics, requesting excessive documentation, surveillance, disputing lost wages, minimizing pain and suffering, emphasizing contributory or comparative negligence and making lowball settlement offers.
Questioning the Severity of the Injury
Insurance adjusters often question the severity of the injury to avoid paying. Medical records, supporting bills and a certified letter from a doctor can combat this tactic.
Disputing Causation
Adjusters dispute causation by claiming a victim’s injury occurred in some way other than a car accident, slip-and-fall or other incident where a policyholder is liable. This lets them get out of paying.
Delaying Tactics
Insurance adjusters often use delaying tactics to avoid paying injury settlements. This is one of their most common tricks.
Requesting Excessive Documentation
Adjusters often request excessive documentation even when the evidence is already sufficient.
Surveillance
Surveillance involves sending an adjuster to investigate and evaluate an insurance claim. In that situation, the victim may suddenly realize they’re being followed.
Disputing Lost Wages
An insurance adjuster can dispute lost wages when they don’t want to pay. They might claim the injured person made less to get out of paying a fair amount.
Minimizing Pain and Suffering
Insurance companies sometimes minimize an injured person’s pain and suffering. The adjuster often insists the victim exaggerated their injury.
Emphasizing Contributory or Comparative Negligence
According to Florida Statute 768.81, someone who sustains an injury in an accident they’re partly at fault for can still claim damages. This is due to the state’s comparative negligence laws, which allow victims to file injury claims when they are less than 50% at fault. Insurance adjusters often emphasize contributory or comparative negligence to escape paying by claiming the victim shares too much fault for the accident.
Making Lowball Settlement Offers
Lowball settlement offers are among the most common tactics adjusters use when the insurance company doesn’t want to pay. Unfortunately, many injured people accept such offers, not knowing they’re being cheated.
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The Importance of Having Legal Representation When Dealing with Insurance Companies in Florida
It’s important to have legal representation whenever an insurance company is involved in a Florida soft tissue injury case or any other personal injury matter. Attorneys know all the tactics insurers try to pull and can prevent them from happening. Adjusters know they can’t get away with it when a lawyer is involved.
Benefits of Hiring a Personal Injury Lawyer in Florida
There are numerous benefits to hiring a Florida personal injury lawyer. They include protecting your rights, knowledge of the law, case evaluation and strategy, investigation and evidence gathering, negotiation skills, courtroom representation, access to expert witnesses, handling paperwork and deadlines and contingency fee arrangements.
Protecting Your Rights
A personal injury attorney can protect your rights to ensure your case is handled properly. They’ll make sure you’re fairly treated by the insurance company or at-fault party’s lawyer.
Knowledge of the Law
Your attorney knows the law and will use their expertise to represent your case. This gives you an edge compared to representing yourself.
Case Evaluation and Strategy
A personal injury lawyer can evaluate your case and determine its validity. If it’s legitimate, they can devise the best strategy moving forward.
Investigation and Evidence Gathering
If any facts of the accident are unclear, your attorney can gather an investigative team to determine what happened. They can also obtain additional evidence if needed.
Negotiation Skills
Lawyers have negotiation skills that help when seeking compensation for soft tissue injuries. They know how to deal with insurance companies and the other party’s attorney.
Courtroom Representation
If your claim fails to settle, it moves to trial. Your personal injury attorney can represent you in court to give you the best chance in your case.
Access to Expert Witnesses
According to Florida Statute 90.702, expert witnesses can strengthen your case by testifying based on their knowledge and expertise. Your attorney can summon doctors to explain the validity of your soft tissue injuries and how they occurred.
Handling Paperwork and Deadlines
Attorneys can handle paperwork and other red tape in your injury case. They can also ensure your claim is filed within the appropriate deadline.
Contingency Fee Arrangements
Personal injury lawyers work on a contingency fee basis, which means you only pay a percentage of your settlement if you win your case. On average, this is around 33%.
What Is a Soft Tissue Injury?
A soft tissue injury develops when muscles, ligaments or tendons become strained or torn from trauma or overuse. This can happen after a crash, sporting activity or even a freak accident.
Soft tissue injuries are measured by grade based on severity. They include grade 1 (mild), grade 2 (moderate) and grade 3 (severe).
Grade 1 (Mild)
Grade 1 soft tissue injuries are mild and involve over-stretching, which results in swelling and tenderness.
Grade 2 (Moderate)
A grade 2 soft tissue injury is considered moderate. You can have tearing of muscles, ligaments or tendons and experience pain, tenderness and swelling.
Grade 3 (Severe)
A grade 3 soft tissue injury is severe and involves a complete tear. You can have serious pain and swelling and may be unable to use the affected area.
Common Soft Tissue Injuries in Car Accidents
Car accidents can cause a variety of soft tissue injuries. The most common include whiplash, contusions and bruises, herniated or bulging discs, torn ligaments, rotator cuff injuries, tendonitis and bursitis bursae.
Whiplash
Whiplash typically occurs in rear-end collisions. Upon impact, the head is forced forward and back while the body remains still, putting strain on the neck.
Contusions and Bruises
Contusions and bruises are soft tissue injuries that develop from blunt force trauma. They can cause swelling, pain and discoloration of the skin.
Herniated or Bulging Discs
Herniated or bulging discs occur when the cushioning between vertebrae in the neck or back becomes dislodged or worn from an accident. This can cause pain, numbness, tingling, limited range of motion or weakness.
Torn Ligaments
Torn ligaments are a common characteristic of soft tissue injuries. They can cause mild, moderate or severe pain and can appear as sprains.
Rotator Cuff Injuries
A torn rotator cuff is a common soft tissue injury that occurs when tendons in the shoulder suffer wear and tear. It usually develops over time.
Tendonitis
Tendonitis is caused by overuse and is characterized by inflammation of the tendons. It can affect the wrist, hand, elbow, knee, shoulder, hip, ankle or foot.
Bursitis Bursae
Bursitis bursae is a soft tissue injury marked by inflammation. It can affect the elbow, shoulder, knee, hip or heel and cause pain and swelling.
Importance of Seeking Medical Treatment After a Car Accident
Seeking medical treatment after a car accident can give you a diagnosis and help you recover. It also provides evidence of your injury that can be used if you file a claim or lawsuit for damages.
Frequently Asked Questions
How Much Can You Get for a Soft Tissue Injury?
Depending on the severity of your soft tissue injury, you can get anywhere from $2,500 to $1 million.
What Is the Average Settlement for a Car Accident in Florida?
There’s no set average settlement for a Florida car accident because all cases are unique. However, compensation can range from $5,000 to $800,000.
How Much Can You Get for Pain and Suffering in Florida?
There’s no cap on pain and suffering damages in Florida unless medical malpractice is involved. The cap for those cases is $500,000.
How Are Personal Injury Settlements Paid Out in Florida?
Florida personal injury settlements are paid out in structured settlements or one lump sum.
Can You Get Compensation for Soft Tissue Injury?
You can get compensation for soft tissue injuries when someone else’s negligence caused them.
What Is a Grade 1 Soft Tissue Injury?
A grade 1 soft tissue injury is considered mild and causes tenderness and swelling.
What Is the Maximum Injury Compensation Rate in Florida?
There is no limit to Florida’s compensation rate for personal injury cases unless you suffered due to medical malpractice.
How Much Do Lawyers Take from Settlement in Florida?
Lawyers take an average of 33% from injury settlements in Florida.
How Long Does Personal Injury Settlement Take in Florida?
Depending on the circumstances of the case, a Florida personal injury settlement can take a few months to a few years to settle.
How Do You Prove Soft Tissue Damage?
Medical treatment that includes CT scans, comprehensive medical records and testimony from a doctor can help prove soft tissue damage.
What Grade Is a Soft Tissue Injury?
A soft tissue injury can be grade 1, 2 or 3.
What Are 4 Times Soft Tissue Injuries?
Four times soft tissue injuries involve four types of injuries such as sprain, strain, tendonitis and contusions.
How Are Damages Calculated in Florida?
In Florida, damages are calculated by taking the total sum of the victim’s economic damages and using a multiplier from 1.5 to 5 for noneconomic damages. This determines the appropriate settlement amount.
Need free legal help in Florida?
We specialize in personal injury claims.
