Your Rights After a Car Accident in Florida

Florida is a dream destination because of its incredible coastline and friendly people. Unfortunately, Florida is also one of the handful of states with a high number of car accidents. These accidents cause around 20,000 serious injuries every year. 

Serious car accidents leave physical and emotional scars on those who survive. They need financial and psychological help to recover from their injuries and to overcome stress or anxiety resulting from an accident.

Victims of car accidents can file a personal injury case to ensure they are compensated for injuries and damages. Without personal injury law, most accident survivors would find it nearly impossible to afford medical care and fix the damage to their vehicles. 

Understanding Your Rights

If you are ever involved in an accident in Florida, you have several options and rights. Firstly, whether you caused the accident or not, you have a right to medical treatment. This is mainly because Florida operates according to no-fault insurance laws.

These laws dictate that all drivers carry personal injury protection (PIP) insurance. PIP insurance helps pay for medical expenses and vehicle damage regardless of who is to blame for an accident. 

Moreover, if you are injured because of the other driver’s negligence, you can file a personal injury case and sue them for damages. Damages usually include property damage, lost income, medical costs, and future lost earning capacity. 

PIP insurance is typically limited, so a personal injury lawsuit may be your best option to recoup expenses. You also have the right to hire a lawyer to represent you when pursuing a personal injury claim. An experienced car accident lawyer will guide you through the legal steps and negotiate with insurance providers. 

Building a Strong Personal Injury Case

Even though it is your right to file a legal case, you can’t win without solid evidence. You need to start gathering this evidence right after the accident. 

For example, while you are still on the scene of the accident, you should take photos of your visible injuries and the damage to both vehicles. You should also take pictures of nearby traffic signs and potholes, if any. 

It is important to get the other driver’s contact and insurance information as quickly as possible after the accident. You should also get contact information and statements from bystanders. 

Severe injuries need immediate medical treatment, but so do all other injuries. Whether you get treated on the scene or in an ER, ask for records of your injuries, treatments, and prescriptions. 

The goal of being medically evaluated after an accident is to link your injuries to the accident. This means establishing a direct connection between the other driver’s negligence and the harm you suffered. 

The Process of Filing a Personal Injury Case

Your lawyer will assist you in gathering more evidence for your case if needed. Once everything is ready, you can file a ‘no-fault’ claim with your insurance provider. 

This claim will compensate you for your immediate medical costs and lost wages. In most cases, the PIP policy limit is $10,000, which will be depleted quickly. 

When you have filed your case, you and your lawyer must determine the extent of your injuries. If you have severe disfigurement or an amputated limb, you will be able to claim a significant compensation amount. This compensation will be claimed from the at-fault driver’s insurance company. 

You will also need to claim for accident-related expenses, including the damage to your car. You want your lawyer to negotiate this amount with the insurer. It is also crucial not to let the insurance company determine the compensation amount on your behalf. 

When the total amount has been decided, your lawyer will proceed with your demand. Most personal injury cases are settled without any parties going to court. However, if there is no chance of settling your case this way, your lawyer will represent you in court. Here, a judge or jury will preside over your case and decide on compensation. 

If you are not satisfied with the outcome of your court case or the settlement amount, you can appeal to a higher court. 

However, it is important to note that you will likely only be able to appeal if there is a dispute over the interpretation of your case. 

A Lawyer Can Help You Focus On Recovery While Fighting For Compensation

Having a lawyer by your side while navigating your personal injury case will allow you to take more time to focus on your recovery after an accident. While you recover, your lawyer will fight for the compensation you deserve.

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