Can I Sue Someone Personally After a Car Accident in Florida?
If you suffered injuries due to the negligence of another driver, then they should be held liable to pay the medical bills, property damage, and other costs that occurred as a result of the crash. You have up to four years from the date of the car accident to file a claim against the at-fault driver and their insurance company, according to Florida Statute 95.11. In other words, you can sue the at-fault driver for causing an accident and recover the compensation that you need within the specified period.
It can be overwhelming to have to deal with all of the consequences that come after a car accident. You will have medical bills to pay, property damage to cover, and many other things. In addition, you will likely need to have time off from work to recover from your injuries, which means that you will lose out on wages. However, the good news is that you can hire a car accident lawyer to protect your legal rights and fight for the compensation that you deserve.
The Law Place has over seventy-five years of combined experience in managing personal injury claims and negotiating with big-time insurance companies to recover the maximum amount of compensation for every client who has suffered in a car accident.
Our law firm has a strong reputation for winning car accident cases for clients across the State of Florida. If you are in any doubt, then get in touch with us to hear more about our great success stories and testimonials from former clients.
It is crucial that you hold the at-fault driver responsible for their actions. To do this, you will need the assistance of a car accident lawyer from The Law Place. Our phone lines are open twenty-four hours a day, seven days a week so that we can be there for you when you need it the most.
Given the complexities of the legal process and insurance claims, consulting with an experienced car accident attorney is paramount to navigate these challenges effectively and ensure your rights are protected.
Contact us now on (941) 444-4444 to schedule a free consultation, and we will fight your car accident case together in the State of Florida.
Your Legal Rights After a Car Accident in Florida
You have the legal right to take action against the driver who caused the accident and sue them for damages under Florida law. The Law Place will help you by proving the negligence of the other driver and negotiating with the negligent driver’s insurance company to recover the compensation that you are owed in the State of Florida.
In 2015, there were close to 2.44 million people involved in car accidents who suffered injuries in the United States of America, according to a report by The National Highway Traffic Safety Administration (NHTSA). In the same report, there were almost 35,092 people who were reportedly killed in car accidents.
Each of these people deserves compensation for their injuries and damages in the State of Florida. A Tampa car accident lawyer from The Law Place will extensively investigate your accident and attain as much information as possible to build a strong personal injury claim. Often, the first settlement offer from an insurance company will be the lowest, which is why you will need a car accident attorney to negotiate with the insurance adjuster and reach an agreement that is reasonable for both parties.
Reach out to The Law Place today to schedule a free consultation, and we will handle your insurance claim in the State of Florida.
The Statute of Limitations in Florida
The statute of limitations declares that you have up to four years to file a personal injury claim from the exact date of your car accident in the State of Florida. In the event that you pass this deadline, then the court will dismiss your car accident case.
We’re here to serve you. Our phones are open 24 hours a day. No-Fault Insurance in Florida
The State of Florida operates according to a no-fault system, which means that an individual is required to file a claim against their own insurance company to receive compensation. However, it is always best to get in touch with a car accident lawyer before speaking to any insurance company.
A car accident lawyer from The Law Place will guide you through the legal process, and they can even deal with your insurance company on your behalf to make sure that you are not being taken advantage of. In addition, they will fight to win the highest amount of compensation for your claim.
We’re Florida’s top litigation team with over 75 years of combined experience Comparative Fault in Florida
The State of Florida considers fault an essential aspect in most serious car accident cases. The court will determine liability and award compensation by using the rule of comparative fault. In most cases, the judge and jury will reduce the amount of compensation based on the percentage of fault that the individual is found to be at fault for the car accident.
For example, if your car accident was caused by a drunk driver, but you were also caught driving over the speed limit, then the judge and jury might deduct your amount of compensation by up to 10%. This is because drunk driving is considered a much more serious violation than driving over the speed limit by 10 mph.
From the initial call to updates on your case status, we are here to get you answers. What Is Personal Injury Protection (PIP) Insurance?
It is crucial that you seek medical attention within 14 days after a car accident in the State of Florida. If you wait longer than 14 days, then your personal injury protection (PIP) insurance might not cover any of your costs or other losses.
Your personal injury protection (PIP) insurance will pay for up to 80% of your medical bills and an additional 60% for your lost wages. The amount of compensation that you will receive is subject to the limitations of your insurance policy in the State of Florida.
Personal injury protection (PIP) insurance will usually pay you no less than $2,500 for a car accident unless you suffered a serious medical emergency. The definition of a medical emergency is when an individual suffers a serious medical condition that requires immediate medical attention.
Negotiating for Full Compensation After Your Car Accident in Florida
Hiring a personal injury lawyer is crucial for navigating the complexities of a personal injury lawsuit, including filing a legal claim, negotiating with insurance companies, and seeking the financial compensation you’re entitled to after a car accident.
Some of the most common ways to make a claim for compensation after a car accident includes:
- Personal injury protection (PIP) insurance – Every individual is required to carry personal injury protection (PIP) insurance when they are operating a vehicle in the State of Florida. Your personal injury protection (PIP) insurance will cover medical bills, lost wages, and other damages in the event that a car accident takes place – regardless of who was at fault.
- The negligent driver’s insurance company – You could potentially hold the insurance company of the at-fault driver responsible to pay for the damages that occurred in the car accident. Filing a claim against the at-fault driver’s insurance company will also cover the costs of your medical bills that exceed your personal injury protection (PIP) insurance.
- A car accident lawsuit – You could potentially file a claim against the driver who was at fault for the accident and seek compensation by going to court if you suffered serious injuries.
The Law Place will relentlessly pursue your car accident case to make sure that you win the compensation that you deserve. We will conduct an extensive investigation and skillfully negotiate with insurance companies while you take the necessary time that you need to recover from your injuries.
Our team of car accident lawyers will fight until the very end to make sure that you are not missing out on what is owed to you. A car accident lawyer from our law firm will talk you through the process and help you to explore every option to find the one that is right for you.
Common Causes of Car Accidents in Florida
- Speeding – Driving excessively over the posted speed limit or driving too fast for the road and/or weather conditions can cause disastrous accidents in the State of Florida. Speeding makes it difficult for drivers to brake quickly, make safe turns, and change lanes properly.
- Distracted driving – Using a mobile phone, eating, drinking, daydreaming, setting up a navigational system, and driving while fatigued are common causes for car accidents in the State of Florida.
- Driving under the influence of alcohol or drugs (DUI/DWI) – Consuming alcohol or taking drugs before getting behind the steering wheel can have a serious effect on the driver’s response time, reasonable judgment, and reasoning. It can also affect coordination, balance and cause vision to be. Driving under the influence of alcohol or drugs (DUI/DWI) can result in speeding, tailgating, failing to follow traffic signals, violating traffic laws, crossing into oncoming traffic, and more.
- Hazardous road conditions – If the government agency or road crew fails to repair potholes, replace missing signs, and install guardrails, or the roads are badly designed, and the road crew fails to plow or salt icy, wet roads, then the government agency can be held accountable. You have up to three years from the day of the accident to submit a notice of claim to the government agency, and then you can file a car accident lawsuit after the 180-day investigation has passed.
- Traffic violations – A violation of traffic law includes speeding, failing to yield, making improper turns, driving past a stop sign, speeding through a red light, and more, which can result in a devastating car accident.
- Defective vehicle parts – Sometimes, parts of a vehicle can malfunction without warnings, such as steering systems, airbags, tires, and brakes. If a defective vehicle part is found to be the cause of a car accident, then the manufacturer of the vehicle can be held responsible for the crash.
Compensation for a Car Accident in Florida
- Medical bills – Injuries can be very expensive to treat following a car accident, and the medical costs will grow quickly. You will need to seek compensation to cover past, present, and future medical bills, prescription medication, surgery, rehabilitation, therapy, and travel expenses for trips to the hospital and back again.
- Loss of income – Injuries can potentially stop you from going back to work or prevent you from earning your usual income. You will need to seek compensation for the loss of income and any changes to your wages following your car accident.
- Property damage – People are not the only ones who suffer injuries in a crash, as vehicles can get very damaged in a collision as well. You will need to seek compensation for the damage, repair, and diminished value of your vehicle, which can be hugely expensive.
- Pain and suffering – In the aftermath of a car accident, people can experience post-traumatic stress disorder (PTSD), emotional trauma, mental anguish, depression, anxiety around cars, and more. You will need to seek compensation for your lack of enjoyment of life and other forms of pain and suffering.
- Loss of companionship – In the event that you are killed in a car accident, then a family member or your partner will be eligible to file a claim for the loss of companionship.
- Wrongful death – In the event that you lose a partner or a family member in a car accident, then you will be eligible to file a wrongful death lawsuit to recover damages such as funeral expenses, pain and suffering, medical bills, property damage, loss of consortium, and more.
FAQ – Can I Sue Someone Personally After a Car Accident in Florida?
Can I Sue the At-Fault Party After a Car Accident?
Yes, you can sue the at-fault party personally if their negligence caused the accident. Personal injury lawyers can help you pursue legal action to recover compensation for damages.
What Types of Damages Can I Recover?
You can recover compensation for medical expenses, future lost wages, pain and suffering, and property damage. In cases of serious injury or wrongful death, additional compensation may be pursued.
How Does Insurance Coverage Affect My Claim?
Insurance coverage is crucial in car accident cases. If the at-fault party’s insurance settlement is insufficient to cover your damages, you can sue them personally for the remaining amount.
What Is the Role of Personal Injury Lawyers?
Personal injury lawyers assist in proving fault, negotiating with insurance providers, and ensuring you receive a fair settlement. They provide legal representation and guide you through the legal action process.
What Should I Do if the Insurance Settlement Is Inadequate?
If the insurance settlement is inadequate, consult with a legal team to explore options for suing the negligent party personally. This can help cover medical expenses, future lost wages, and other damages.
How Do I Prove Fault in a Car Accident?
Proving fault involves gathering evidence such as police reports, witness statements, and medical records. Personal injury lawyers can help establish the liable party’s negligence.
Can I Sue for Wrongful Death After a Car Accident?
Yes, if a loved one dies due to a car accident caused by another’s negligence, you can file a wrongful death suit against the at-fault party to seek compensation for your loss.
What Should I Do as an Accident Victim?
As an accident victim, seek medical attention immediately, document the accident scene, and contact personal injury lawyers to discuss your legal options and ensure you receive a fair settlement.
How Important Is the Role of an Insurance Provider?
The insurance provider of the at-fault party plays a significant role in compensating for damages. However, if the insurance coverage is insufficient, you can take legal action against the other party personally.
Can I Sue Other Drivers Involved in the Accident?
If other drivers contributed to the accident, you might be able to sue them as well. Personal injury lawyers can help determine the extent of each party’s liability and pursue appropriate legal action.
What Should I Know About Future Lost Wages?
If your injuries suffered in the auto accident prevent you from working, you can claim compensation for future lost wages. This requires proving the extent of your injuries and their impact on your earning capacity.
What Are the Steps to Take Legal Action?
To take legal action, consult personal injury lawyers, gather necessary evidence, file a claim, and work with your legal team to build a strong case against the negligent party.
Contact The Law Place Today
If you suffered injuries in a car accident as a result of another driver’s negligence, then you might be wondering, “can I sue after a car accident?” or “when should I sue someone following a crash?”. You must hire a professional car accident lawyer to protect your legal rights and handle your insurance claim in order to succeed in winning the compensation you deserve in the State of Florida.
The Law Place has over seventy-five years of collective experience and knowledge when it comes to recovering damages for medical bills, pain and suffering, property damage, and other losses for car accident victims in the State of Florida. Our law firm will provide the necessary support and guidance that you need in the process of suing a driver, insurance company, or another party.
The Law Place has a successful track record of helping car accident victims take action and win the compensation that they deserve. Our team of car accident attorneys will help to navigate you through the legal system and advise you every step of the way. We will manage your car accident claim with skill and efficiency while you are on your road to recovery in the State of Florida.
Call The Law Place today to set up a free case evaluation, and we will answer all of your questions.
Contact us now on (941) 444-4444 to schedule a free consultation, and we will fight your car accident case together in the State of Florida. Our hone lines are open 24/7.
