Florida Car Accident Lawyer

Florida follows a no-fault car insurance law system. This means that in the event of a car accident, each driver’s insurance will cover their medical expenses and lost wages up to a certain limit, regardless of who was at fault.

Some key points of the Florida car accident laws include:

1. Personal Injury Protection (PIP) insurance: Florida drivers are required to carry a minimum of $10,000 in Personal Injury Protection (PIP) coverage. This insurance covers medical expenses and lost wages up to the policy limit, regardless of fault in the accident.
2. Property Damage Liability (PDL) insurance: Florida drivers are also required to carry a minimum of $10,000 in Property Damage Liability (PDL) coverage. This insurance covers property damage caused by the policyholder in a car accident.
3. Comparative negligence: Florida follows a pure comparative negligence rule in car accidents. This means that if you are partially at fault for an accident, your compensation for damages can be reduced by your percentage of fault. For example, if you are found to be 30% at fault, your compensation will be reduced by 30%.
4. Serious injury threshold: In order to step outside the no-fault system and file a personal injury lawsuit against the at-fault driver, you must meet Florida’s serious injury threshold. This typically requires that the victim suffer permanent injury, significant and permanent scarring, or disfigurement or death.

Frequently Asked Questions

What should I do immediately after a car accident in Florida to protect my legal rights?

If you are involved in a car accident in Florida, there are several steps you can take immediately to protect your legal rights:

1. Check for injuries: Check yourself and any passengers for injuries, and call 911 if anyone is injured.
2. Move to a safe location: If possible, move your vehicle to a safe location out of traffic.
3. Call the police: Call the police to report the accident and request assistance. The police will document the accident and create an official police report, which can be useful in any insurance or legal claims.
4. Exchange information: Exchange contact and insurance information with the other driver(s) involved in the accident. Be sure to get their name, phone number, insurance policy number, and license plate number.
5. Gather evidence: Take photos of the scene, including damage to your vehicle and any injuries you or your passengers have sustained. Get the names and contact information of any witnesses to the accident.
6. Seek medical attention: Even if you don’t feel injured, it’s important to seek medical attention as soon as possible after a car accident. Some injuries, such as whiplash or internal injuries, may not be immediately apparent.
7. Notify your insurance company: Notify your insurance company of the accident as soon as possible. Be honest and accurate when describing the accident and any injuries or damages.
8. Consult with an attorney: If you have been injured in the accident, it’s important to consult with an experienced personal injury attorney who can help you understand your legal rights and options.

What medical expenses are covered under my PIP insurance policy in Florida?

In Florida, Personal Injury Protection (PIP) insurance is mandatory for all drivers, and it covers a portion of your medical expenses and lost wages if you are injured in a car accident, regardless of who was at fault for the accident. Under Florida law, PIP insurance must provide coverage for:

Medical expenses: PIP insurance will cover up to $10,000 in medical expenses related to injuries sustained in a car accident, including hospital bills, doctor visits, diagnostic tests, and other medical expenses.

Lost wages: PIP insurance will cover up to 60% of your lost wages if you are unable to work due to injuries sustained in a car accident, up to a maximum of $10,000.

Death benefits: If a person dies as a result of injuries sustained in a car accident, PIP insurance will provide a death benefit of up to $5,000 to the deceased person’s estate or to their next of kin.

It’s important to note that PIP insurance does not cover all medical expenses or lost wages. For example, PIP insurance will not cover certain medical treatments, such as acupuncture, and it will not cover lost wages beyond the $10,000 limit. If your medical expenses or lost wages exceed the limits of your PIP insurance, you may need to pursue legal action against the at-fault driver to recover additional damages. It’s important to consult with an experienced personal injury attorney who can help you understand your legal rights and options.

How much time do I have to file a personal injury lawsuit after a car accident in Florida?

In Florida, the statute of limitations for filing a personal injury lawsuit after a car accident is four years from the date of the accident. This means that you must file a lawsuit within four years from the date of the accident or you may lose your right to recover damages.

It’s important to note that there are some exceptions to the four-year statute of limitations. For example, if the accident resulted in a wrongful death, the statute of limitations is two years from the date of death. Additionally, if the at-fault driver was a government employee or agency, there may be shorter deadlines for filing a claim.

It’s always best to consult with an experienced personal injury attorney as soon as possible after a car accident. Your attorney can help you understand the specific deadlines and requirements for filing a lawsuit in your case and can take steps to protect your legal rights.

How is fault determined in a car accident in Florida?

In Florida, fault in a car accident is determined based on the principle of comparative negligence. This means that fault is apportioned between the parties involved in the accident based on the degree to which each party was at fault. Florida follows a pure comparative negligence system, which means that a person can recover damages for their injuries even if they were partially at fault for the accident, but their recovery will be reduced by their percentage of fault.

To determine fault in a car accident in Florida, the following factors are typically considered:

1. Police reports: The police report of the accident is often used to determine fault. The report will include the officer’s assessment of the accident scene, witness statements, and any other relevant information.
2. Eyewitness accounts: Eyewitness accounts of the accident can also be used to determine fault. Eyewitnesses may be able to provide valuable information about how the accident occurred.
3. Physical evidence: Physical evidence, such as skid marks, damage to the vehicles, and debris on the road, can help determine how the accident occurred and who was at fault.
4. Traffic laws: Violations of traffic laws, such as speeding or running a red light, can be used to establish fault in a car accident.
5. Expert opinions: Expert opinions, such as accident reconstruction reports, can be used to help determine fault in a car accident.

It’s important to note that fault is not always clear-cut in a car accident, and there may be disagreements between the parties involved or their insurance companies. Contact us and we can help determine fault and work to ensure that you receive fair compensation for your injuries and damages.

Can I still recover damages if I was partially at fault for the car accident in Florida?

Yes, you may still be able to recover damages even if you were partially at fault for a car accident in Florida. Florida follows a pure comparative negligence system, which means that a person can recover damages for their injuries even if they were partially at fault for the accident, but their recovery will be reduced by their percentage of fault.

For example, if you were found to be 30% at fault for the accident and your damages were $100,000, your recovery would be reduced by 30%, resulting in a recovery of $70,000.

It’s important to note that determining fault in a car accident can be complex, and insurance companies may attempt to shift more of the fault onto you in order to reduce their liability. It’s always a good idea to consult with an experienced car accident attorney who can help protect your legal rights and maximize your recovery.

What damages can I recover in a personal injury lawsuit after a car accident in Florida?

In a personal injury lawsuit after a car accident in Florida, you may be able to recover various types of damages, including:

1. Medical expenses: You may be able to recover damages for your medical expenses related to the car accident, including hospital bills, doctor’s visits, and medication costs.
2. Lost wages: If you missed work due to your injuries, you may be able to recover damages for your lost wages.
3. Lost earning capacity: If your injuries resulted in a permanent disability or reduced earning capacity, you may be able to recover damages to compensate for your future lost income.
4. Pain and suffering: You may be able to recover damages for physical pain and emotional suffering caused by the car accident and your injuries.
5. Property damage: If your vehicle or other property was damaged in the car accident, you may be able to recover damages to compensate for the cost of repairs or replacement.
6. Loss of consortium: If your injuries have affected your ability to maintain a normal relationship with your spouse or partner, you may be able to recover damages for loss of consortium.

It’s important to note that the specific damages you may be able to recover in a personal injury lawsuit after a car accident in Florida will depend on the specific facts and circumstances of your case. An experienced personal injury attorney can evaluate your case and help you determine what damages you may be able to recover.

How long does it take to resolve a car accident injury case in Florida?

The length of time it takes to resolve a car accident injury case in Florida can vary widely depending on a number of factors, including the complexity of the case, the severity of the injuries, and the willingness of the parties to negotiate a settlement.

Some car accident injury cases can be resolved in a matter of weeks or months, while others may take several years to reach a resolution. In general, the more complex the case and the greater the damages sought, the longer it may take to resolve.

Factors that can affect the timeline of a car accident injury case in Florida include:

1. The severity of the injuries: Cases involving serious or catastrophic injuries may take longer to resolve due to the need for extensive medical treatment and ongoing rehabilitation.
2. The number of parties involved: If multiple parties are involved in the accident or there are multiple insurance companies involved, the case may take longer to resolve due to the need for coordination and negotiation.
3. The complexity of the legal issues: Cases that involve complex legal issues, such as disputed liability or complex medical issues, may take longer to resolve.
4. The negotiation process: The length of time it takes to negotiate a settlement can vary widely depending on the willingness of the parties to negotiate and the complexity of the issues involved.
5. Court scheduling: If the case goes to trial, the length of time it takes to schedule and complete the trial can depend on the court’s schedule and availability.

It’s important to work with an experienced personal injury attorney who can help you navigate the legal process, negotiate with insurance companies, and work to ensure that you receive fair compensation for your injuries and damages.

What happens if I get into a car accident with a person who does not have insurance under Florida law?

Under Florida law, all drivers are required to carry a minimum amount of car insurance, which includes personal injury protection (PIP) and property damage liability (PDL) coverage. However, if you get into a car accident with a person who does not have car insurance, there are several possible scenarios that could play out.

First, if the other driver is at fault for the accident and does not have insurance, you may be able to file a claim with your own insurance company to recover damages. This will depend on the specific terms of your insurance policy, so it’s important to review your policy and speak with your insurance agent to understand your coverage options.

If you do not have insurance or your insurance policy does not cover the damages, you may need to pursue legal action against the other driver to recover damages. This could involve filing a lawsuit against the other driver and seeking a judgment for the cost of repairs, medical bills, and other damages resulting from the accident.

It’s worth noting that Florida is a “no-fault” state, which means that each driver’s insurance company is responsible for paying their own policyholder’s medical bills and lost wages, regardless of who was at fault for the accident. However, if your damages exceed the limits of your PIP coverage or meet certain criteria, such as a serious injury or disfigurement, you may be able to pursue a claim against the at-fault driver for additional damages.

Should I hire a personal injury attorney to help me with my car accident injury case in Florida?

If you’ve been injured in a car accident in Florida, it’s generally a good idea to hire a personal injury attorney to help you with your case. Here are some reasons why:

1. Knowledge of the law: An experienced personal injury attorney will have a thorough understanding of Florida’s personal injury laws and can help you navigate the legal system.
2. Maximizing compensation: A personal injury attorney can help you identify all of the damages that you may be entitled to and can work to ensure that you receive fair compensation for your injuries and damages.
3. Negotiating with insurance companies: Insurance companies may try to minimize their liability by offering a low settlement offer or denying your claim altogether. An attorney can negotiate with the insurance company on your behalf and work to ensure that your legal rights are protected.
4. Handling paperwork and deadlines: Personal injury cases involve a lot of paperwork and strict deadlines. An attorney can handle all of the paperwork and ensure that all deadlines are met.
5. Representing you in court: If your case goes to trial, a personal injury attorney can represent you in court and work to ensure that your case is presented in the best possible light.

Overall, hiring a personal injury attorney can help you navigate the legal process, protect your legal rights, and maximize your compensation. It’s important to choose an attorney who has experience in handling car accident injury cases in Florida and who has a track record of success in obtaining favorable outcomes for their clients.