While public transit exists in Pompano Beach, the predominant mode of transportation remains the automobile. Unfortunately, this means accidents are somewhat frequent. If you are injured in a car accident, get emergency help and contact a lawyer.

Florida enforces no-fault insurance laws, and drivers are required to carry no-fault insurance. You would file a first-party claim with your own no-fault coverage first, and you can potentially file third-party claims and lawsuits later, but only if your injuries meet specific legal requirements. You should call a lawyer for help now because the longer you wait, the harder it may be to find evidence of your claims.

Get a private, free case review from our car accident attorneys by calling the Graves Injury Law Firm at (305) 614-2767.

Are You Allowed to File a Lawsuit After a Car Accident in Pompano Beach?

You are allowed to sue an at-fault driver after an accident if you meet the restrictions Florida’s insurance laws place on lawsuits, and you should ask a lawyer for help.

Florida’s No-Fault Laws

In Florida, all drivers must have no-fault insurance. Drivers file first-party claims with their no-fault insurance first. This insurance is known as PIP (personal injury protection) and covers 80% of medical bills and 60% of lost wages, up to $10,000.

If this coverage is not enough, which is common, you may consider filing a third-party claim against the at-fault driver’s liability insurance or a lawsuit , but there are some limitations to consider.

Limitations on Lawsuits

Under Florida law, drivers injured in car accidents are generally barred from filing personal injury lawsuits against at-fault drivers unless they meet the “serious injury threshold.”

If you do not meet this, then you are limited to the damages you can get through your PIP coverage

 

Serious Injury Threshold

To file a lawsuit after a car accident in Florida, your injuries must include at least one of the following “serious” injuries:

  • Death
  • Significant and permanent scarring or disfigurement
  • Significant and permanent loss of an important bodily function
  • A medically determined permanent injury other than scarring or disfigurement

Evidence for Your Car Accident Case

If you file a lawsuit, we must have evidence to back up your claims.

Photograph the Accident Scene

First, you should try to photograph the accident scene if you are able and it is safe to do so. Soon, the authorities will clear the accident scene away, and evidence could be lost forever.

By taking as many photos as possible, you may preserve crucial details about the scene that may help us prove your claims.

Exchange Information with Others

You should also exchange information with other people at the accident scene. Again, only do so if you are able and it is safe. Our car accident lawyers need the at-fault driver’s information to file a lawsuit.

We may also need others from the accident to testify as witnesses.

Get Medical Care

You must go to the hospital immediately. Call 911 and ask for an ambulance, or have someone drive you immediately after the accident.

This is important for two big reasons:

  • You need medical care for your injuries, which may only worsen the longer you wait to see a doctor.
  • Your injuries and care will be documented to create medical records necessary for proving your injuries.

Who Can You Sue for a Car Accident?

Knowing who to sue is not as simple as it might seem. Car accidents can be complex and confusing, and we might not fully understand who is responsible until the police complete a formal investigation.

Also, recall that the right to sue in a car crash is limited to cases where you have “serious injuries.”

The At-Fault Driver

The at-fault driver is the one who committed some act of negligence, thereby causing the accident. They might have run a red light, failed to stop at a stop sign, or committed a host of other traffic violations.

The At-Fault Driver’s Employer

If the at-fault driver was driving while on the job, their employer may be named in your lawsuit and held vicariously liable.

This is common when the at-fault driver is a delivery driver, a truck driver, or a cab driver. If an employee negligently causes an accident while performing their job duties, their employer may be held responsible in their place.

Employers can also be held liable for their own fault, such as maintenance problems with a company vehicle.

Other Drivers

It is also entirely possible that other drivers were involved in your accident, and one or more of them may be held responsible. You may sue as many drivers as you believe are responsible.

However, we should investigate the accident thoroughly before filing your case. While more than one driver may be included as a defendant, some of the other drivers may be other victims, and they may file their own cases and claims.

FAQs About Car Accident Cases in Pompano Beach

How Do You File an Insurance Claim After a Pompano Beach Car Accident?

Since Florida is a no-fault insurance state, you may file a first-party claim with your own no-fault PIP coverage. You can only go after the at-fault driver’s insurance for injuries if they are “serious.”

Can You Sue the At-Fault Driver After a Car Accident?

Florida’s no-fault insurance laws place restrictions on who may sue for a car accident. To sue, you must show that your injuries include “serious injuries” as defined by law.

For example, injuries including significant and permanent scarring or disfigurement, death, or permanent loss of a bodily function may warrant a lawsuit.

What Damages Are Available in Car Accident Cases?

Damages will vary from case to case and may include, but are not limited to, the following:

  • Medical bills
  • Vehicle repairs or replacement
  • Other property damage (e.g., personal items)
  • Lost income
  • Pain and suffering.

Should You Hire an Attorney After Being Hurt in a Car Crash?

Yes. The procedures involved in insurance claims and lawsuits are notoriously complex, and you may be unprepared to handle your case on your own, especially if you are still recovering from serious injuries. Hire a lawyer as soon as possible to begin working on your case.

Our Pompano Beach Car Accident Lawyers Are Ready to Help

Get a private, free case review from our car accident attorneys by calling the Graves Injury Law Firm at (305) 614-2767.