Car accidents are so common that most people have been in one or know someone who has. Unfortunately, many people are badly hurt, and they might not be able to afford the aftermath of the collision. Whatever your situation, contact an attorney for help with getting compensation.

In Florida, drivers must file no-fault insurance claims after car accidents. The good thing is that you do not have to prove fault. The bad thing is that your no-fault insurance might not cover all your damages. You can sue the other driver, but only if your injuries consist in whole or in part of certain serious injuries described under Florida law, such as loss of bodily functions, scarring , disfigurement, or death, to name a few.

Our car accident attorneys can offer a free, private case review to begin your case when you call the Graves Injury Law Firm at (305) 614-2767.

How Do You Get Financial Compensation After a Car Accident?

Car accidents are common, and injured victims pursue financial compensation through legal action quite frequently. In Florida, this often means navigating insurance procedures before filing a personal injury lawsuit.

No-Fault Insurance

Florida is one of a handful of states that requires drivers to have no-fault car insurance. Drivers must file first-party claims with their own no-fault insurance called personal injury protection (PIP) insurance.

When filing your claim, you do not have to present evidence of fault, and you may be covered even if you are partially or totally responsible for the accident.

No-fault coverage is often limited, with minimum coverage requirements of only $10,000. Many drivers opt for the minimum coverage because it is less expensive, but this means compensation is more limited.

The At-Fault Driver’s Liability Coverage

No-fault insurance is limited, and your damages may exceed your no-fault policy limits. In that case, you may file a third-party claim against the at-fault driver’s liability insurance. When filing such a claim, you must provide evidence to the insurance company that the other driver is at fault for the crash.

Keep in mind that in Florida, drivers are required to carry property damage liability (PDL) coverage. This may cover expenses related to property damage (e.g., your vehicle), but not medical costs.

Uninsured and Underinsured Motorist Insurance

PIP insurance is limited, as it only covers up to 80% of your medical bills and only 60% of lost income if you cannot return to work. As such, PIP claims almost always leave money on the table.

While you can file a third-party claim against the at-fault driver’s liability coverage, the required liability coverage in Florida only applies to property damage (i.e., property damage liability coverage), not medical costs. So, you may need to rely on your uninsured or underinsured motorist coverage to pay for a lot of your damages.

Personal Injury Lawsuit

Depending on your situation, you may want to file a personal injury lawsuit against the other driver. Under Florida’ no-fault laws, you may sue the other driver is your injuries consist of at least one of the following:

  • Death,
  • Significant scarring or disfigurement,
  • An injury other than scarring or disfigurement that is medically determined to be permanent, or
  • The permanent and significant loss of an important bodily function

How to Claim Damages in a Hialeah Car Accident Case

When claiming damages, we must make sure that all possible damages are accounted for and accurately evaluated. If anything is left out or undervalued, you risk losing financial compensation.

Identify Your Damages

First, our car accident lawyers must carefully identify all your damages. Injured victims often focus on the damages that are the most obvious. For example, many car accident victims focus on medical bills and vehicle damage, but there may be more damages to claim.

You can also claim lost income if your injuries prevent you from returning to work. Various other expenses, such as travel expenses if you must travel for medical care, should be included.

We should not overlook non-economic damages. Your pain, distress, and mental anguish may be serious and deserve financial compensation.

Accurate Evaluations

Our evaluations of your damages must be as accurate as possible. Damages are awarded based mainly on what you claim in the initial complaint. If you only claim $10,000 in economic damages but we later learn you really spent $15,000, you might be unable to claim the remaining $5,000.

In cases where damages are more complicated, we may consider having your claims evaluated by economic professionals. For example, they may be able to more accurately calculate the value of your lost income if your income fluctuates and is not steady.

Damages Common in Car Accident Cases

Your damages will be unique to your case. Below are some common economic and non-economic damages we should consider when assessing your damages.

Economic damages may include the following:

  • Medical costs
  • Vehicle damage
  • Lost wages
  • Travel expenses related to medical care
  • Future damages related to the accident

Non-economic damages may include:

  • Physical pain
  • Trauma
  • Psychological conditions (e.g., PTSD, depression, panic attacks)

FAQs About Legal Claims for Hialeah Car Accidents

How Do You Know Who is Responsible for a Car Accident?

Sometimes it’s obvious who is at fault, but we may need to wait until the police complete a formal investigation to know for sure. If the accident is complicated or involves multiple drivers, the police report may shed light on who caused the accident.

Do You Have to Report Car Accidents to the Police in Hialeah?

Not every single accident may warrant a call to the police. Minor fender benders often do not need to be reported, and drivers may handle the accident themselves. However, if an accident involves injuries, death, or at least $1,000 in damage, you must report the accident.

Are Car Accident Lawsuits Worth Substantial Compensation?

Possibly. Serious car accident may total your car and lead to extremely expensive medical care. It is not unusual for injured victims to claim many thousands of dollars in damages. If injuries are permanent or life-altering, damages may be even higher.

How Long After a Car Accident Can You File a Lawsuit?

In Florida, car accident victims have only 4 years to file a lawsuit. This time begins on the same day that the accident occurs. Failure to file a case on time may bar you from ever filing it.

Speak to Our Hialeah Car Accident Attorneys About Your Claims

Our car accident attorneys can offer a free, private case review to begin your case when you call the Graves Injury Law Firm at (305) 614-2767.