What Is the Average Settlement for a Truck Accident in Florida?

There is no average settlement for a truck accident in Florida as each person’s injuries and the way they affect them are unique. However, there are numerous factors that impact your potential settlement.

What Is the Average Settlement for a Semi-Truck Accident in Florida?

While there is no real average truck accident settlement amount in Florida, our team has helped clients recover awards and settlements in the range of $135,000 to $3 million. Some of the amounts our truck accident lawyers have recovered include:

• $3 million for a cyclist hit by a commercial truck
• $210,000 for a client who was rear-ended by an 18-wheeler on I-75
• $337,500 and $425,000 for clients whose children were injured in a school bus accident (The out-of-service truck driver was behind the wheel of a truck that had failed inspection, which the trucking company knew.)
• $135,000 for a client who required SLAP surgery after being rear-ended by a semi-truck

The Value of Your Financial Losses Plays a Large Role in Your Settlement

The value of your losses from the trucking accident will govern, to a large extent, the financial value of your injury claim. Let’s say that you have $100,000 in medical bills. Your settlement will likely be higher than someone who has $20,000 in medical care expenses from a similar accident.

The severity of your wounds and how well you heal are two more factors that can impact the monetary value of your settlement. A person who has a long-term disability from their injuries after completing medical treatment will likely settle for a higher dollar value than someone who heals completely.

The Liable Party’s Insurance Policy Plays a Role in How Much You Can Recover

Florida is a no-fault state, which means that everyone who drives a motor vehicle in our state must buy personal injury protection (PIP) coverage. PIP can help pay for some of your losses, like medical expenses and lost wages, but PIP has a low policy coverage limit. PIP kicks in, regardless of who is at fault.

For people with life-changing truck accident injuries, a $10,000 policy is often grossly inadequate to cover even the medical bills, much less all of their other losses. After turning first to their own small PIP policy, a person with severe injuries could pursue damages from the at-fault party’s insurer. This could allow you to seek damages beyond your own PIP coverage.

Several parties can be liable for a truck accident. Who shares liability can greatly impact what you can recover. For example:

• The truck driver: If the truck driver’s negligence caused your accident, you can file a claim with their insurance company.
• The trucking company: In many cases, if a truck driver is liable for an accident, their employer shares liability. This could mean you have a much higher policy limit than if you filed against just the driver.
• A truck parts manufacturer: If a defective part caused or contributed to your accident and injuries, we can help you hold the manufacturer liable. Manufacturing companies often have high policy limits, which could allow you to recover a more substantial settlement.

Fault Can Affect How Much You Can Recover

Florida used to allow an injured person to recover compensation for their losses as long as they weren’t totally at fault for their injuries. Theoretically, if you were 99 percent at fault in a truck accident and the other driver was only one percent at fault, you could still seek some of your damages.

Your percentage of fault would reduce your potential recovery. For example, if you were 75% at fault, you could recover 25% of your final damage award. This rule, called pure comparative negligence, changed recently.

Now, due to a 2023 law change, if you were mostly at fault, defined as more than 50 percent at fault, you cannot seek any compensation from another party who also contributed to the truck accident. This change is a significant factor that can affect the settlement value of your truck crash injury claim.

Our personal injury lawyers can explain how exactly your fault might affect you in your case.

Your Semi-Truck Accident Settlement Can Account for These Losses

Let’s examine some of the damages you can pursue through a semi-truck accident claim:

• Medical expenses. Typically, you can recover the cost of your necessary medical treatment. These costs vary from case to case, but they can include things like the ambulance, emergency room, intensive care unit, x-rays and other imaging studies, lab tests, diagnostic procedures, surgery, doctors, hospitals, prescription drugs, and physical therapy.
• Lost wages. This category is for paychecks that a person misses when they cannot work while recuperating from their injuries. Catastrophic injuries, like those from truck accidents, can permanently affect someone’s ability to work in the future. If your injuries require you to work fewer hours or retire, we can fight for that loss.
• Property damage. A truck accident can total a car in a single second. Truck accident victims can recover compensation for property that was damaged or destroyed.
• Non-economic damages. These losses are a little challenging to quantify in dollars, but they do have financial value in your tractor-trailer crash settlement. Pain and suffering is one of the most common non-economic damages. Some additional examples of non-economic damages include disfigurement from extensive scars and amputations, loss of enjoyment of life, and post-traumatic stress disorder (PTSD).

If you lost a loved one in a Florida truck wreck, you could file a wrongful death claim to seek justice and compensation. Our team can help you navigate this process.

Florida Law Changed How Long You Have to File a Personal Injury Lawsuit

You used to have four years to file a personal injury lawsuit after a semi-truck accident. Now, with the passage of HB 837 in 2023, the statute of limitations is only two years. If you do not file a personal injury lawsuit before the two-year filing deadline expires, you lose the right to seek damages through litigation.

The insurance company does not have to tell you about the statute of limitations. It might string you along and make you think that a fair settlement is on the horizon. Suddenly, the claims adjuster vanishes. They stop returning your calls and emails. Negotiating does not satisfy the filing deadline, so the at-fault party and their insurer are essentially off the hook as soon as the statute of limitations expires. The insurance company can offer you whatever it wants, and you’ll likely need to accept any settlement offer you can get.

So, to preserve your right to damages, it’s in your best interest to consider prompt legal action.

The statute of limitations for filing a wrongful death case is also two years under Florida Statutes § 95.11, but this filing deadline was not changed by HB 837. Our truck accident lawyers can manage the deadlines in your case.

Three Pitfalls That Could Affect the Value of Your Truck Accident Settlement

There are countless pitfalls that could negatively affect the value of your injury claim. Your lawyer may advise that you avoid:

• Taking the first offer from the claims adjuster. The insurance adjuster may offer a low settlement initially, hoping to settle your case for pennies on the dollar. Your lawyer can assess any offers and explain whether any meet your needs.
• Assuming that the insurance company is on your side. Insurance companies make their profits from paying less than people deserve for their injury claims. They’re more motivated to save money–not pay top-dollar for injured people’s losses.
• Forgoing legal help. The insurance company may try to talk you out of hiring a personal injury attorney. You have every right to entrust your case to a truck accident attorney. The team at Meldon Law is confident that we can handle your legal matters from beginning to end––all without charging you a dime out of pocket.

Begin Your Free Case Review With Meldon Law

There is no average settlement for a semi-truck accident case. However, that doesn’t matter. All that matters is your unique circumstances and the collision’s effect on your life. Meldon Law fights for every dollar you deserve for the accident and your injuries.

Our personal injury attorneys serve our clients with compassion and integrity, and we won’t back down when fighting for you. Call today to start a free initial consultation.