Traveling by car is perhaps the most common way that people in Florida get around. In some places, it might be the only option. Unfortunately, this means accidents happen frequently, and people get hurt. If you are injured in an auto accident, a lawyer can help you get financial compensation.
Florida requires drivers to have no-fault insurance that will cover them regardless of who caused the accident. One important caveat of no-fault insurance is that you cannot sue the driver who caused the crash unless special conditions exist. If insurance is not enough to cover your damages, an attorney can help you take the steps necessary to get your case in a courtroom.
Speak to our car accident attorneys with the Graves Injury Law Firm by calling us at (305) 614-2767 and ask for a free case review to begin.
Can You File a Lawsuit for a Car Accident in Pembroke Pines?
Florida has complex laws about how insurance affects your ability to sue for a car accident. While it is possible to sue the at-fault driver, not everyone may be permitted to do so.
Florida’s No-fault Insurance Laws
All drivers in Florida must carry no-fault insurance, also known as personal injury protection (PIP) insurance. Drivers file first-party claims with their PIP coverage, and they may be covered regardless of who is at fault for the accident.
Drivers’ Limited Liability
Florida’s no-fault insurance laws also state that drivers are not personally liable for damages resulting from a car accident, barring special circumstances. Even if you know for certain that the other driver is 100% responsible for the accident, they may not be held civilly liable for your damages unless certain legal criteria, as explained below, are met.
Criteria for a Car Accident Lawsuit
To sue for damages from a car accident, our car accident lawyers must establish that your injuries consist of at least one of the following:
- An injury other than scarring or disfigurement that is medically determined to be permanent,
- An injury involving significant scarring or disfigurement,
- Permanent and significant loss of an important bodily function, or
- Death (your family would sue)
What Damages Are Available in a Car Accident Case?
Your attorney should review your injuries and losses carefully, as anything not included in the initial complaint might not be considered when compensation is determined.
Costs of Vehicle Damage
Accidents often lead to extensive vehicle damage. Even if the damage can be repaired, doing so may be costly. If your car is totaled, you may need to pay for an entirely new one. All these expenses can really add up and should be accounted for in your claims.
Hospital Expenses
In addition to vehicle damage, hospital bills are often the biggest contributor to damages in a car accident case. Even just one trip to the ER may result in enormous hospital bills. More extensive or long-term care can be astronomically expensive.
Earnings and Income
Injuries may leave you unable to work for a while, possibly for a long time. The longer you are out of work, the more income you may lose. We should include in your claims for damages the income you have lost and may continue losing for as long as you cannot work.
Mental Anguish
After the accident, you might not know what the future holds. Some do not know if they will survive. This kind of trauma runs deep, and you may live with deep psychological wounds for many years.
You should see a mental health professional who can evaluate your condition, and we should claim your painful experiences as part of your damages.
Physical Pain
For many, physical pain continues throughout the duration of their recovery. For some, the pain might never go away, and they may live with chronic pain conditions. Physical pain can take a major toll on your mind and body, and it should be compensated fairly.
What to Do Following an Auto Accident
After a crash, it is easy to lose your cool, but you must remain calm and focus on getting help.
Get Help Immediately
First, get help as soon as possible. If you or someone else at the accident scene has a cell phone, use it to call 911. If the accident is severe, you may need an ambulance, and the police should be called to investigate and take control of the accident scene.
Exchange Information
While you wait for help, you should exchange information with as many people at the scene as you can. We need this information about other people at the scene so we can identify the driver who caused the accident and potential witnesses.
Photographing the Scene
If you are able, take pictures of the accident scene. Photos of the damaged cars, people at the scene, the surrounding area, and your injuries may help us piece together how the accident happened. These photos may be crucial if the accident scene is cleared away and other evidence is lost.
Call an Attorney
Finally, call a lawyer. People sometimes resist the idea of hiring an attorney, but doing so can help you make the most of your claims and recover the full extent of your damages. An attorney can also help protect you from negligent drivers who might try to dissuade you from pursuing the full extent of your damages.
FAQs About Handling Car Accident Cases in Pembroke Pines
Should You Call an Ambulance After a Car Accident?
An ambulance is a good idea if your injuries are serious or painful enough that you cannot leave the accident scene on your own. If you do not feel the need to call an ambulance, you should still have someone drive you to the emergency room.
Do You Have to Contact the Police About Your Car Accident?
Possibly. More serious injuries may have to be reported to the police as required by law. Minor accidents like fender-benders probably do not have to be reported. However, if your case seems serious or is complicated, call the police so they can investigate.
Do You Have to File an Insurance Claim After a Car Accident?
You are not required to file an insurance claim after an accident, but if you do not have a serious enough injury, a no-fault insurance claim may be your only option for compensation.
When Can You File a Car Accident Lawsuit in Pembroke Pines?
If you want to sue for the accident, you have 2 years from the date of the accident to file a case in court. If you miss this deadline, you may never be able to file the case.
Ask Our Pembroke Pines Car Accident Attorneys to Help You Today
Speak to our car accident attorneys with the Graves Injury Law Firm by calling us at (305) 614-2767 and ask for a free case review to begin.
