West Palm Beach is located along the Florida coast near other coastal cities like Fort Lauderdale and Miami, and people often drive between these places. When accidents happen, drivers should hire attorneys to help them get fair compensation.

Many car accident cases begin with insurance claims. In Florida, drivers must file no-fault claims with their own insurance, and they usually cannot sue unless they have certain types of injuries. An attorney can help you prove that you are eligible to sue and take your case to court, where you may obtain the full extent of your damages.

Call our car accident attorneys at the Graves Injury Law Firm at (305) 614-2767 and ask for a free legal review to get started.

How to Begin a Lawsuit After a Car Accident in West Palm Beach

Starting a lawsuit is never easy, and an attorney should help you navigate complex legal procedures to get your case to court.

No-Fault Insurance

Florida is one of a handful of states that require drivers to have no-fault insurance, also called personal injury protection (PIP) insurance. In short, drivers file first-party claims under their PIP coverage after an accident and do not need evidence of fault.

Limited Liability of Drivers

According to Florida’s no-fault insurance laws, all drivers who have no-fault coverage are exempt from liability for injuries that result from an accident. Put another way, you cannot sue the other driver for damages.

However, several exceptions exist that may allow you to sue the other driver.

Serious Injury Requirements

You may sue the at-fault driver if your injuries meet any of the following criteria:

  • You experienced a significant and permanent loss of an important bodily function,
  • Your injury, other than scarring or disfigurement, is medically determined to be permanent,
  • Your injuries come with significant and permanent scarring and disfigurement, or
  • Injuries lead to death (family members may sue on your behalf)

Where to Find Evidence to Support a Car Accident Case

Finding evidence can be tricky. It is often different in each case, and what you need will depend on how you were injured and the overall nature of your claims.

Medical Records

We must have proof of your injuries, including how they were inflicted, their severity, and the treatment necessary for your recovery. All this information and more should be in your medical records. We should request copies soon, and it can take hospital staff time to compile all your records.

Witnesses

If other drivers or passengers witnessed your accident or stopped to help, we should find them to see if they can provide valuable information and testimony. If possible, gather the names and contact information of as many people as possible at the accident scene while waiting for help.

Photos of the Scene

It is common for drivers to take photos of an accident, usually for insurance purposes. While photos may be useful in insurance claims, they can also be admitted into evidence in a lawsuit.

Video Footage

Our car accident lawyers can try to find video evidence of the accident. Nearby security cameras may have recorded the accident, or drivers with dashcams might have caught the crash on camera.

Police Reports

Police reports are generally inadmissible as evidence in court because they violate the rule against hearsay evidence. However, the report may contain information we can use to find evidence that the police uncovered.

Also, police reports may be used as part of an insurance claim.

What Should You Do if the At-Fault Driver Flees the Scene After a Crash?

Unfortunately, some drivers do not stick around after causing an accident. This can make it difficult for injured victims to pursue financial compensation, and you should contact a lawyer and the police right away.

Call the Police Immediately

If the other driver flees the scene, call the police immediately. If you are badly injured and need urgent care, call 911 and explain that the other driver ran away. The 911 dispatcher should send medical personnel and the police to your location.

Uninsured and Underinsured Motorist Coverage

If we cannot find the other driver shortly after the accident, you should still be covered by your no-fault insurance. However, if this is not enough, you can file claims with your uninsured or underinsured motorist coverage.

Finding Alternative Defendants

You may need to sue to cover the full extent of your damages, but this might not be possible if the other driver cannot be found or identified. In such a case, our team can help you find other possible defendants. If other drivers contributed to the accident or it occurred because of faulty car parts (e.g., a brake failure), we may sue someone else.

FAQs About Auto Accident Claims in West Palm Beach

Should You Call the Police After a Car Accident?

Yes. The police can provide emergency aid and secure the scene to ensure everyone’s safety until emergency medical personnel arrive. They may also investigate and write a formal report that we can use to obtain additional evidence.

What if the Other Driver in an Accident is Uninsured?

If the other driver does not have liability insurance to cover injuries, you should still be able to file a claim with your own no-fault coverage, which is required in Florida. If this is not enough, and you cannot file a claim with the other driver’s liability coverage because they are uninsured, you can file claims with your uninsured motorist coverage.

Can You Sue for a Car Accident if Your Injuries Are Not Severe?

Probably not. According to Florida’s no-fault insurance laws, drivers are not liable for injuries from car accidents, as drivers must file claims with their own no-fault coverage. However, a driver may be held liable in a lawsuit only if there are serious injuries, usually permanent injuries or those involving death.

Can You Get Compensation for a Car Accident if You Are Uninsured?

Yes, but you may be barred from claiming non-economic damages. You may be able to sue for economic damages, including medical bills and damage to your car, among others, but non-economic damages for pain, suffering, and distress may be off-limits.

Review Your Case with Our West Palm Beach Car Accident Attorneys

Call our car accident attorneys at the Graves Injury Law Firm at (305) 614-2767 and ask for a free legal review to get started.