Every car accident case is as unique as the individuals involved, so legal help after an accident is essential. A car accident lawyer and accident attorney will help address the different legal consequences if you are involved in a car accident through your own fault. Florida’s no-fault law means that insurance automatically covers property damage and minor injuries related to a car accident, regardless of whose fault it is. Individuals cannot sue for an auto accident unless there were serious injuries. The insurance company usually covers most property damage, lost wages and other economic losses, as well as medical bills for minor injuries to the driver.
If the accident caused serious injuries to one or more of the parties involved, with the help of a lawyer, they can file a claim for non-economic damages incurred as a result of the accident. In addition, if a commercial vehicle is involved, a good lawyer can help sue the driver and the company for damages.
Do I even need a lawyer?
There are no Florida laws or regulations that require you to consult with an attorney after an accident. Nevertheless, the help of a car accident attorney is relevant and will take care of filing a claim for compensation or damages from the start.
Today’s accidents can result in minor to serious injuries. These injuries can require long-term care, result in permanent disability, render you unable to work, and usually require specialized, expensive medical care. If your injuries are such that you could permanently lose your job, you will need legal help after an accident and a good car accident injury lawyer. The help of an attorney after an accident is not necessary, but it is desirable because he or she can help you get the benefits you need. A competent car accident lawyer in Florida knows all the relevant rules and regulations and will make sure that your case is handled in a timely and thorough manner.
Legal assistance for immigrants in Florida
If an immigrant came from abroad to Florida and was involved in a minor car accident, then you may be wondering if it is possible to sue or be held liable for the incident. If the driver or pedestrian was seriously injured, there is the possibility of a lawsuit or settlement for pain and damages. However, minor accidents generally cannot involve civil litigation or non-economic compensation. Florida’s no-fault law means that insurance will have to cover the cost of the accident. An emigrant may not be able to pursue a claim for damages after a car accident. This will depend on whether or not serious injuries were sustained as a result of the incident. If so, then a competent lawyer can help you file a claim in court. Otherwise, under Florida Statute 627.7407, it is not possible to sue a driver for damages. This is known as Florida’s no-fault law.
Under this law, insurance companies automatically cover any costs associated with car accidents. This is the same law that forces motorists to have insurance that includes PIP (personal injury protection). The parties involved will make a claim on their insurance regardless of whose fault the accident was, so legal assistance after an accident is necessary in these cases. In order to file a claim for damages, your injuries must meet what is known as the seriousness of injury threshold. Florida Statute 316.027 defines serious injuries.
The first thing to do if you are suing for damages in a car accident is to consult with a car accident attorney. Emigrant car accident assistance is about getting accurate legal advice and is essential for protection. Insurance may not want to cover potential damages if the driver or pedestrian is seriously injured. Then a consultation with the insurance company and an accident attorney is needed to plan a defense strategy and figure out the possible consequences of a lawsuit or settlement.
For a serious injury, there are 4 years to file a personal injury claim in civil court, according to Florida Statute 95.11(3)(a). For a minor at the time of the accident, the 4 years will begin on his or her 18th birthday, at the discretion of the court. It is advisable to file a lawsuit as soon as possible and act quickly, then the car accident attorney can also quickly begin investigating the accident and gathering the necessary evidence for the case.
Compensation in Florida
Determining the size of your personal injury claim is a decision you need to discuss with a car accident attorney. You need to consider the strengths of the case and how much suffering you have endured since the accident occurred. The hardships of your daily life may be the deciding factor in what amount you arrive at.
Different methods can be used to quantify your pain and suffering. Most often, lawyers use the “multiplier” or “per diem” method. They quantify the mental anguish and personal loss of the plaintiff. This multiplies the value of your accident to calculate your damages and suffering. This is usually done in the range of 1.5 to 5. If your original cost was $20,000, your attorney may choose a multiplier of 2 to account for the suffering you experienced. Your pain and suffering claim would be $40,000 plus the original $20,000, making a total potential settlement of $60,000.
The “per day” method calculates the amount of financial compensation owed to you by determining a figure for each day you were affected. For example, if your medical bills were $30,000 and you lost $200 a day due to lost wages for 100 days ($20,000), you would be owed an additional $50,000 for pain and damages.
The insurance company almost always takes a precedential approach to any claim on an insurance policy. If a previous case awarded $25,000 for an injury similar to yours, they may offer you the same amount.
Car Accidents
Under most auto insurance policies in Florida, the passenger is covered by personal injury insurance (PIP). A passenger can file a personal injury claim against the driver of the receiving vehicle if his or her negligence was the proximate cause of the accident. In Florida, a passenger’s personal injury claim against the driver of the receiving vehicle usually involves medical bills, pain and suffering, and lost wages not paid by the PIP.
Most Florida vehicle insurance policies do not allow a passenger to sue the driver if the passenger was related to the driver at the time of the accident. Because the passenger is rarely, if ever, at fault, the passenger’s full compensation is not reduced. Legal assistance after an accident often results in the passenger receiving more money than the driver.
Truck accidents
A truck on Florida’s congested and overcrowded highways can destroy any vehicle in the blink of an eye. A truck accident is not the same as a car accident. A truck has multiple insurance policies and an employer to deal with. Truck drivers in fatal accidents rarely have elevated blood alcohol concentrations. They are subject to very strict state regulations regarding driving and alcohol consumption. Keep in mind that trac’s are less maneuverable than passenger cars, especially on slippery roads.
In Florida, truck drivers must carry a $10,000 PIP (personal injury protection) policy, a $10,000 property damage liability policy and a $10,000 personal injury policy for each person. PIP coverage is designed to protect drivers in small accidents. If the accident is large, it is better to find an attorney who is well-versed in truck driving laws. He or she will provide the necessary legal assistance in an accident, draft a demand letter and serve it to the truck driver and company.
Motorcycle accidents
Every year, hundreds of Florida motorcyclists are victims of fatal motorcycle accidents. When a motorcycle accident results in serious injuries, the victim may be entitled to claim compensation. State law states that the person who caused a serious injury accident is required to pay compensation to the victim. It doesn’t matter if the motorcyclist or the victim. It also does not matter if the victim is wearing a helmet or not. The person responsible for the negligent accident must compensate the victim.
In Florida, you have four years from the date of the motorcycle accident to file a personal injury claim and two years from the date a loved one died in a motorcycle accident to file a wrongful death claim. It is very important to file your claim in a timely manner, or you could be forever denied compensation for damages caused by a motorcycle accident that was someone else’s fault. A motorcycle accident attorney can help you vigorously pursue your rights and fight for the compensation for your injuries that you deserve.