Visitor Question

Settlement for soft tissue damage from minor accident?

Submitted By: Chris (Auburndale, Florida)

Recently I was in a car accident. A driver ran a stop sign and hit the drivers side close to the front of the car I was in. I was the passenger. The next morning I visited a doctor and was told I have soft tissue damage in my neck and upper back.

I took a CT scan and it says I have 3 bulging discs in my upper spine. I’m 32 now, but I broke my wrist when I was 16. That wrist also hurts again.

I was wondering if I have a good case to receive a settlement and if so, what is a decent settlement offer? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Chris,

Based on the facts, the at-fault driver likely violated Florida’s Revised Statute Section 316.123 (2) (a), which reads in part:

“Every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a clearly marked stop line….After having stopped, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard during the time when the driver is moving across or within the intersection.”

If the Auburndale Police were dispatched to the accident scene they will have completed an accident report. The report will contain both drivers’ contact information, including driver’s license numbers, insurance companies and a notation of any traffic citations issued.

Get contact information for the Auburndale Police Department here.

Be sure you continue to seek the medical treatment you need. Then contact the at-fault driver’s insurance company and tell them you want to file an injury claim against one of their insured.

After giving the insurance company the at-fault driver’s contact information, an injury claim be opened. Once opened, you will be assigned a claim number. Keep the claim number accessible as you will need it when discussing your claim with the claim adjuster.

The amount of your settlement will be a derivative of the “Damages” you sustained, including the sum of your medical bills, out-of-pocket expenses (for such items as medications, crutches, costs of transportation to treatment, etc.), your lost wages, and an amount for your pain and suffering.

Without knowing the amount of damages, it is impossible to suggest what type of settlement may be warranted. In any event, it might be in your best interests to seek the counsel of several local personal injury attorneys. Most personal injury attorneys do not charge any fees for initial office consultations.

After visiting with several personal injury attorneys you will have a better idea of the viability of your claim, whether you actually need legal representation, and a general amount of the settlement you might be expected to receive.

Learn more here: Florida Car Accident Guide

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck with your claim,

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