Car accidents can happen to anyone, even the most careful drivers.  Innocent drivers can be injured by someone else’s mistakes on the road, allowing them to file car accident claims against the dangerous drivers who hurt them.

If you or a loved one was injured, you should work with a car accident lawyer.  Florida’s no-fault rules can be confusing, and you cannot always get full compensation through your own insurance.  Despite what the insurance companies might tell you, you may be entitled to file a third-party claim against the other driver or even take the case to court.

For a free case evaluation, call Graves Injury Law Firm’s car accident attorneys today at (305) 614-2767.

What Damages Can You Get in a Car Accident Case?

Most car accident cases involve these four areas of damages, but you may be entitled to other damages as well.  Note that these damages may be recovered in a combination of ways – from collision coverage to personal injury protection (PIP) or “no-fault” insurance to suing the defendant.

Medical Bills

When you get hurt in a car accident, your medical expenses will be one of the biggest expenses in your case.  Recovering these damages can mean the difference between moving forward with your life and facing crushing medical debt for an injury you did not even cause.

Lost Wages

The same is true of lost wages: missing wages because of an injury can also cause substantial economic hardship.  If your injury is disabling and you cannot work going forward, these damages are even more important.

Auto Damage

Vehicle repairs might not be part of your bodily injury, but they are still an important piece of the total damages in a car accident case.  Repairing a damaged vehicle or replacing your totaled vehicle is a cost you should not have to deal with on your own if someone else caused your crash.

Pain and Suffering

Pain and suffering – along with other “non-economic” damages – account for the intangible harms you face.  While most damages are based on bills or receipts of money you paid or lost because of the accident, pain and suffering damages cover

  • Emotional distress
  • Mental anguish
  • Physical pain
  • And other effects of the injury that have no associated cost.

Even though they are based on cost-less damages, they still come as monetary damages when you win.  However, they are limited – as discussed below.

Other Possible Damages

One area of other damages you may be able to claim does not actually pay you back for your injuries.  Instead, these “punitive damages” are there to punish the defendant for what they did.  They are based on how serious the misconduct was and are only available in cases that go above and beyond mere “accidents” into recklessness.

You can also recover other expenses not listed here, such as the cost of replacement services at home while you are laid up or disabled.

Is Florida a No-Fault State?

Yes.  Florida uses no-fault rules for car insurance.

This means that you carry your own insurance to cover your injuries and damages after a crash, instead of going after the at-fault driver’s insurance.  This pays you regardless of who was at fault, but it requires a deductible payment and limits your damages:

  • 80% of medical expenses
  • 60% of lost wages
  • $10,000 cap
  • No pain and suffering damages.

Can You Sue for Car Accidents in Florida?

You can sue in limited cases to recover the other damages your insurance does not cover.  However, you must meet the “serious injury threshold” to be able to sue.

What is the “Serious Injury” Rule in Florida?

Your insurance does not cover pain and suffering, it pays only a portion of your damages, and it requires a deductible payment.  To get the rest, you would need to sue – but you cannot sue without “serious injuries.”

Under Florida law, “serious injuries” include any permanent, significant injury or loss.  You can also sue for “significant and permanent scarring or disfigurement” or for a loved one’s death.

Should You Talk to Insurance on Your Own Before Calling a Lawyer?

No; call a lawyer first.  You should avoid making statements or providing information to insurance, since they record everything and may try to use it against you.

Even your own insurance company may try to limit how much they will pay – and the defendant’s insurance will certainly try to cut you off.  Instead, let our car accident lawyers talk to them for you.  We can help prevent unnecessary disclosures and help stop them from misinterpreting what you say or trying to use it against you.

Can You Still Win Your Case if You Were Partially at Fault?

Fault in Florida car accident cases is not an all-or-nothing situation.  As long as the other driver meets the requirements to be “at fault,” they pay their share of the damages.  If they are 100% at fault, they pay all damages.

If you happen to be partially at fault for a slight error or violation – such as minor speeding – you can still recover damages as long as your percentage of fault is 50% or less.  Your total damages are, however, reduced by your percentage of fault.

Will the Other Driver’s Insurance Cover Damages?

If the other driver has liability insurance on their policy, that will pay for the damages they cause.  You can only go after this insurance if you have serious injuries.

If they have bodily injury liability coverage, it pays for medical bills, lost wages, pain and suffering, and other expenses caused by the damages.  If they have property damage liability coverage, it pays for the vehicle damages and other property damage.

What is the Statute of Limitations?

Florida law gives you 2 years to file an injury case after a car crash, but you should call a lawyer long before this final deadline.

Call Our Car Accident Lawyers in Coconut Grove Today

Call (305) 614-2767 for a free case assessment with the car accident lawyers at Graves Injury Law Firm.