Depending on your car accident, your injuries and losses could be quite serious. Though cases can be resolved without an attorney, if you are suffering from serious injuries that have kept you out of work, you should discuss your case with an accident attorney.
A Florida car accident lawyer can review your case and explain the benefits of pursuing either a negotiated settlement from the insurance companies or a court award through a trial. In the following blog, we will discuss your insurance coverage, how to sue after a car accident, and the factors that can influence your compensation.
Florida Drivers Must Carry Personal Injury Protection
Before you can file a lawsuit against the negligent party in your auto accident, you first file a claim with your own insurance company. All registered drivers in Florida must carry a personal injury protection (PIP) policy, per Florida Statutes Ā§ 627.736. You must also carry property damage liability (PDL). The minimum coverage values on these policies are $10,000 in PIP and $10,000 in PDL.
Your PIP policy will cover the following:
- Medical Expenses: PIP covers 80% of your necessary medical costs up to the policy limit. This coverage includes hospital bills, surgeries, medications, rehabilitation, and therapies.
- Lost Income: PIP will cover 60% of your lost wages while you recover from your injuries up to the policy limit.
- Death Benefits: PIP will pay $5,000 to the decedent’s family. This benefit is in addition to any medical debt and lost income that PIP should cover.
PIP can also cover household services up to the policy limits. Ultimately, PIP coverage allows injury victims access to medical care and lost income immediately. However, the policy is limited and a serious injury could quickly eclipse limits.
When Injuries Exceed Your PIP Coverage
If your injuries reach what is referred to as the serious injury threshold, you may pursue a claim or personal injury lawsuit outside of your PIP coverage. Serious injury is defined under Florida Statutes Ā§ 627.737. It is listed as any injury that meets the following criteria:
- Loss of an important bodily function
- Disability, such as the loss of a limb or sense
- Disfigurement and scarring
- Death
If your case meets any of these conditions, you could file a lawsuit against the at-fault party in your case.
How to Sue After a Car Crash
If your injuries are serious and your losses exceed what insurance will cover, you may have the right to file a lawsuit against the at-fault party. While every case is different, the process generally involves the following steps:
- Seek medical treatment and follow your doctor’s recommendations.
- File a claim with your insurance company to access available no-fault benefits.
- Determine whether your injuries qualify for a lawsuit under Florida’s serious injury threshold.
- Gather evidence such as the police report, photos, witness statements, and medical records.
- Consult a Florida car accident attorney to evaluate your case and identify your legal options.
- Negotiate with the insurance company to pursue a fair settlement.
- File a lawsuit if necessary before Florida’s statute of limitations expires.
How Degree of Fault Could Influence Your Compensation
You may have grounds to sue, but there are other obstacles that could affect the compensation available to you. Under Florida’s modified comparative negligence statute, Florida Statutes Ā§ 768.81, if you are found to be greater than 50 percent at fault in your accident, you may not collect compensation.
Insurance companies are well aware of this law, and their attorneys may try to place a greater degree of blame on you for your injuries. We can protect you from these accusations, but there is always a risk that their efforts could fail during a trial.
When the At-Fault Party Has No Financial Resources
What happens if the at-fault party does not have sufficient insurance coverage or personal funds for your expenses?
You still have some options. If you have one, you may collect on an uninsured/underinsured policy to help cover additional expenses. You can use your own health insurance policy to cover medical expenses exceeding your PIP.
If you can sue and you do win, you could file wage garnishments or liens against their property to collect on the judgment.
Consult With a Car Accident Attorney Before You Decide
You should discuss your car accident case with a Florida personal injury attorney before you decide on anything. We offer a free case consultation so that you can explain what happened, your injuries and goals, and ask any questions. We can review your information and build a case for compensation. If we take on your case, we can handle:
Investigating the Car Accident
Your attorney will investigate your accident and collect evidence. Evidence often includes such items as:
- Police reports
- Photographs and videos
- Witness statements
- Medical records
We may also discuss your case with experts to determine your prognosis and possible future financial stability.
The evidence collected is used to prove negligence. Lawyers often present negligence in four elements:
- Duty of care: The other driver owed you a duty to drive safely.
- Breach of duty: They breached that duty by driving unsafely, e.g., driving while distracted, drowsy, or intoxicated, speeding, or tailgating.
- Causation: The breach caused your accident and injuries.
- Damages: You suffered damages, such as medical bills, lost wages, and pain and suffering.
Once the fault, liability, cause, and damages are established, your lawyer will submit complaints and claims with the evidence collected to initiate the legal process.
Negotiating for Fair Compensation
Your lawyer will handle all communications with the insurance companies. We know the tactics the insurers’ lawyers will use to reduce or deny claims and we will fight for a fair settlement that reflects your losses.
Filing a Lawsuit
Most cases are settled out of court, but if negotiations fail, our team can take your demands to court. We will:
- File the complaint in the appropriate court
- Serve the defendants
- Interrogate witnesses and request documentation during the discovery phase
- Handle any motions to dismiss or summary judgments
We will represent you throughout the legal process, fighting to secure your fair compensation. We will continue negotiating with the other party throughout the process.
We are here for you 24/7
(Consultations are Free)
Your Car Accident Lawsuit in Florida Has a Statutory Deadline
Under Florida Statutes Ā§ 95.11, you generally have two years from the date of the accident to file a lawsuit. If your loved one passed away, your family has two years, but the deadline begins on the day they passed.
There are exceptions to these deadlines, and your attorney can explain which exceptions may apply to your case.
Call Meldon Law About Your Car Accident Lawsuit in Florida
At Meldon Law, we want you to know that we will not back down from the insurance companies and their lawyers involved in your case. We are with you throughout the legal process to get you the fair compensation you and your family deserve.
Call us today for a free case consultation. We are ready to take on your fight like it was our own.
