Written by attorney Sean Cleary

How Does a Car Accident Settlement Work in Florida?

When you suffer injuries in an auto accident due to another's negligence, you may seek compensation for damages through a personal injury claim. Compensation for damages can cover medical bill expenses, lost wages, and pain and suffering.

A personal injury claim involves an extended accident investigation and attorney-insurance company negotiation. When attorneys represent the client, they will make a demand for settlement. Working together with the client, they will establish the fair demand for the case in terms of money. In Florida, the demand includes personal injuries meaning the demand will refer to a person's pain and suffering, medical expenses that have to be paid back to the insurance company, lost wages, out-of-pocket expenses, and anything else that the person has suffered.

A settlement of an accident case exists when the company on the other side or, most times, the insurance company makes a settlement offer in response to the demand made by the attorney on behalf of the client. Usually, there are differences between the settlement demand and the settlement offer. The representing attorney wants to get the case to a fair point where it can settle. That is a negotiated process.

When an amount that the client will accept is achieved, a settlement agreement exists. As part of the settlement agreement, settlement releases are signed. In exchange for the settlement money, the client agrees to not sue, not bring another claim against the company or person for that specific accident ever again.

If the case cannot be settled, it will be taken to trial, but the goal in every case is to get the case settled and avoid the risk of a lawsuit.

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