Although most drivers in Florida are cautious, car accidents are inevitable. Unfortunately, when a collision occurs, it can result in serious injuries and other damages. If you were involved in a car accident, you may be entitled to compensation. One of our car accident lawyers can help with that.
What Are Florida’s No-Fault Insurance Laws?
Florida is a no-fault state. According to Florida Statute 627.7407, all drivers must carry personal injury protection (PIP) and property damage liability (PDL) coverage with their insurance.
If you’re in an accident, your policy pays for your medical expenses and other damages. It’s important to know the statute of limitations and local traffic regulations and their impact on these cases.
Statute of Limitations for Car Accidents in Florida
Car accident cases have a specific statute of limitations. According to Florida Statute 95.11, you have two years to file a claim for damages.
Local Traffic Regulations and Their Impact on Accident Cases
According to Florida Statute 316.065, accidents causing injuries or death or property damage amounting $500 or more must call 911 at the scene. All local regulations require reporting such incidents to the police so a report can be made and an investigation can be done.
Types of Damages You Can Claim in a Car Accident Case in Florida
In Florida, there are different damages you can claim in a car accident case. They are economic, noneconomic and punitive damages.
Economic Damages
According to Florida Statute 766.202, economic damages are financial losses stemming from a car accident or other negligent action. These include past and future medical expenses, lost wages and lost earning capacity.
Noneconomic Damages
Unlike their economic counterpart, noneconomic damages don’t carry specific financial loss amounts. They include issues like emotional distress, pain and suffering, mental anguish and loss of consortium.
Punitive Damages
Depending on the circumstances surrounding a car accident case, punitive damages could come into play. Florida places no caps on this compensation, which is awarded to a plaintiff to punish a defendant for egregious behavior. Consult a car accident lawyer in Florida for more information.
Key Factors Influencing Compensation Claims in Florida
Key factors influence compensation claims in Florida. They include severity of injuries, degree of fault, available insurance coverage and economic losses.
Severity of Injuries
Your injury severity can determine how much compensation you recover in a successful car accident claim. Injuries considered serious, disabling and permanent result in higher settlement amounts. Temporary, milder ones garner lower compensation.
Degree of Fault
Compensation may be higher or lower depending on your degree of fault. If you’re partially responsible for an accident, you can recover your damages minus your percentage of fault.
Available Insurance Coverage
Because car accident damages must be paid for with insurance, you may or may not get adequate compensation. PIP covers up to 80% of medical expenses and 60% of your lost wages up to $10,000. Sometimes, damages exceed this amount.
Economic Losses
Your economic losses from a car accident impact how much compensation you recover. If your case is successful, you are reimbursed for your out-of-pocket expenses from medical treatment, property damage and more.
How A Car Accident Lawyer Determines Liability in Car Accident Cases in Florida
Attorneys determine liability in car accident cases by considering certain factors. Those include injury severity, degree of fault, insurance coverage availability and economic losses.
Severity of Injuries
Your motor vehicle accident lawyer in Florida can review your medical records and expenses and gauge the severity of your injuries. This helps them determine liability. For example, you’re more likely to suffer serious injuries in an accident caused by a drunk driver.
Degree of Fault
Florida follows comparative negligence laws. According to Florida Statute 768.81, if you’re injured in a car accident, you can file a claim if you’re 50% or less liable. Your auto accident attorney can determine how much you might recover if your case succeeds.
Available Insurance Coverage
Your Florida accident lawyer can review your insurance coverage to see whether it’s enough to cover your damages. If it’s inadequate, you can file a lawsuit.
Economic Losses
Your economic losses can also indicate liability. Your attorney will advise you on this and how much compensation you should get in your case.
The Role of Evidence in Car Accident Cases And How Our Accident Lawyers In Florida Use Them
Evidence plays a crucial role in car accident cases. You must gather and preserve as much as possible to prove your claim.
Gathering and Preserving Evidence
Evidence can strengthen your car accident case. It should include your medical records and expenses, lost wages, photos and videos, police report and witness statements.
Navigating the Claim-Filing Process
After a car accident, you must file a claim through your car insurance company. Doing this as soon as possible is best. If you’re injured, you must see a doctor for treatment within 14 days of the accident. Talk to a Florida state car accident lawyer to make sure you don’t lose your rights by saying or agreeing to something when talking to the insurance company. Our auto accident lawyers in Florida are always just a call away.
Common Types of Car Accidents in Florida
Certain types of car accidents are common in Florida. They include rear-end collisions, T-bones, highway crashes and distracted driving accidents, aggressive driving accidents, or accidents beyond driver control because of dangerous intersections and so on.
Rear-End Collisions
Rear-end collisions are usually the fault of the driver behind the struck vehicle. They can occur when someone is distracted, speeding or following another car too closely.
T-Bone or Side-Impact Crashes
T-bone or side-impact crashes are some of the deadliest. They happen when a driver fails to yield the right of way, runs a red light or stop sign or drives while intoxicated.
Highway Accidents
Drivers sometimes become heated on the highway or make mistakes. They might also underestimate the space between vehicles while switching lanes. Any of these situations can lead to highway accidents. Our Florida car accident lawyers will know what to look for to prove fault in such situations.
Distracted Driving Accidents
Distracted driving accidents can happen in various situations. Texting, conversing with passengers, eating and fiddling with vehicle controls are some factors that can cause them. An accident can occur even if a driver loses focus for a few seconds.
The Importance of Legal Representation in a Car Accident Case in Florida
Some aspects of a car accident case are complex. This stresses the importance of hiring an attorney in Florida. Legal representation ensures you’re in good hands and your rights are protected. Your car accident lawyer knows the local laws and court system and will work to get you the best compensation.
Andrew Pickett Law Can Help Car Accident Victims in Florida
If you’ve been injured in a car accident in Florida, our auto accident lawyers are ready to hear your case and work diligently to obtain the highest compensation you deserve. Contact us today by phone or fill out our online contact form. We’ll schedule a complimentary, zero-obligation consultation to review your specific case and explain your available legal options.
