Florida Car Accident Lawyers
Being in a car accident can leave you dealing with serious injuries, lost wages, and a variety of other losses. The financial impact of a car accident can’t be overstated. It can mean mounting medical expenses, repair bills, and not being able to work as you recover.
If you have been in a motor vehicle accident, one important step you need to take is to file a claim. Car accident claims are not simple, and any mistake can mean having to pay for everything out of your own pocket.
To have a chance to recover compensation, you should hire a car accident claim lawyer. Learn more about the complexities of these cases and what damages you can claim.
What Is a Car Accident Claim?
To understand how a car accident claim works in Florida, it’s first important to get a sense of insurance laws in the state. Florida is a no-fault state when dealing with motor vehicle accidents. This means that in minor accidents, you would turn to your own auto insurance company to receive compensation for some medical expenses and repairs. You would not have to worry about proving fault.
Personal injury protection (PIP) insurance coverage is enough for certain losses, but what happens if your losses are substantial and PIP won’t cover them? If the accident resulted in serious injuries, such as fractures, traumatic brain injuries, and spinal cord injuries, you can pursue a claim against the other driver.
If you step outside of no-fault laws, you will have to demonstrate that the other party holds the majority of the fault. You’ll also have to negotiate with insurers, who will search for any way to minimize your claim. Because of all of these issues, you should hire a Florida lawyer car accident insurance claim professional.
Working With Car Accident Lawyers
Our car accident insurance claim lawyers provide a number of services to help people who have suffered losses in Florida car accidents. The first thing that we can do is offer guidance on whether you have a viable claim or not. We’ll assess all of the information you bring to your consultation and answer any questions you have about the process.
If you’ve been in a terrible car accident and suffered injuries severe enough to allow you to pursue a lawsuit, our team can begin investigating the accident. We’ll speak with witnesses, gather your medical records, obtain photos and videos of the car accident scene, and speak with expert witnesses. Using all of that data, we’ll start the negotiation process with car insurance companies.
If we see that the insurers don’t want to negotiate fairly or that they continue to offer low settlements, we can always file a lawsuit so that fair compensation isn’t out of reach. Don’t try to go through the process on your own; hire a Florida lawyer. Car accident insurance claims require extensive knowledge of the law as well as negotiating skills. That’s what we can offer at Kennon Law.
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The Car Accident Claims Process
If you’re filing a car accident claim against the other driver, the first step is to file against their insurance. That will prompt an investigation. The accident scene will be assessed, the injuries and property damage will be considered, and liability will be established.
This isn’t always a straightforward process. The insurance company may dispute the claim, or they may try to convince you to accept a lower offer than you deserve. Your car accident lawyers will negotiate fiercely. If the insurance company refuses to settle, the next step is to take the case to court.
As with other types of trials, litigating a car accident case requires a discovery period where both parties share information. Keep in mind that the possibility of getting a settlement is an option at all times during this process.
Proving Fault in a Car Accident
Once you step outside of no-fault car insurance coverage, you will need to demonstrate that the other party was responsible for the collision. As with most other personal injury claims, this usually means proving negligence.
To prove that negligence occurred, your Florida car accident lawyer will gather evidence to meet a few key requirements.
First, they must establish that a duty of care existed that the other party breached. Anyone operating a motor vehicle has a responsibility to others to drive safely and lawfully. If they did anything that jeopardized that, such as engaging in drunk driving or distracted driving, they breached their duty.
The next thing that your Florida car accident attorney must establish is that the driver’s conduct caused your injuries. Then, they must show that the injuries resulted in losses.
Often, people assume that if they were partly responsible for the accident, they’re barred from recovering losses. That’s not the case in Florida. You can be partly to blame for the collision and still receive compensation, though your winnings will be reduced by your percentage of fault.
Understanding Damages
After a car accident, you can claim economic and non-economic damages. Economic damages compensate you for the financial losses you’ve sustained because of the accident. Medical expenses make up a large part of these, and they cover everything from hospital bills to future medical needs.
Suffering a serious injury can mean not being able to work. You can claim lost wages as part of financial compensation. If you’re not able to return to work because of the injury, you can also receive damages for your loss of earning potential.
Non-economic damages compensate you for less tangible losses, such as emotional and physical suffering. If you can’t live your life as you used to, you can also receive compensation for the loss of enjoyment of life.
Your personal injury lawyer can help you understand the options you have and what damages you can expect to receive.
How to Communicate With the Insurance Company
Speaking with an insurance company representative without an attorney is always risky. They will be listening for anything they can use to minimize your claim. Even when speaking with your own insurance adjuster to let them know that you were in a car accident, it’s wise to keep the conversation short.
It’s always a good idea to allow your Florida car accident attorneys to speak with the insurance company for you. If you absolutely must speak with the representative, write down their name and telephone extension number so that you can refer to them in future dealings.
Mistakes to Avoid When Dealing With the Insurance Company
A very common issue in car accident cases is to talk about fault with the insurer. Even if you think it’s helping your case, you may inadvertently say something that hurts it.
You should also always provide accurate information about the accident. Don’t exaggerate what happened, but present the evidence as clearly as possible. Make sure that you also don’t share anything on social media that relates to the accident. Insurers will look at your accounts.
Don’t agree to give any recorded statements without having a car accident lawyer with you. You should also avoid accepting the first settlement offer you receive. Your car accident attorney can guide you through the negotiation process so that you have a better chance of receiving fair compensation.
Another mistake you should avoid is not completing medical treatment. If you don’t follow all of your doctor’s instructions, insurers can use that against you and claim that you’re malingering.
Choose Experienced Car Accident Attorneys
When you begin the claims process to receive financial compensation after a car accident, perhaps the most important thing you can do is to choose experienced representation. With a team of lawyers behind you, getting help for paying medical bills and other expenses is possible.
The team at Kennon Law provides the guidance that you need as you begin your claim. You may still be too injured to take care of the legal process yourself, so don’t go through this without support. Contact our dedicated Florida car accident lawyers to schedule a free consultation.
FAQ
After being in a car accident, you may have questions about the claims process. Our lawyers can help.
What Are the Time Limits for Filing a Car Claim?
As of 2023, Florida law requires that you file a car claim within two years of the accident. This is down from the four years previously allowed.
What Should I Do Immediately After a Car Accident to Protect My Claim?
Right after a car accident, you should receive medical assistance. This ensures that you’re safe and creates a record of the injuries you suffered. Next, you should make certain that law enforcement arrives at the scene of the accident. You will need the police report later.
Gather evidence, including witness statements, photos, and videos. You should also let your insurer know that you’ve been in a car accident, but keep this conversation as short as possible. The very next thing you should do is to contact a Florida car accident lawyer.
What Is the Importance of Medical Evidence in a Car Accident Claim?
Medical records play a significant role in these claims because they provide insight into the severity of the injuries you sustained and the treatments that you have received and might need in the future.
Do You Need a Car Accident Lawyer for Minor Accidents?
You’re not required to have a car accident lawyer helping you when you file a claim for a minor accident, but it can be a good idea to do so. Even if you’re filing a claim against your own insurance, they could try to minimize your compensation.
How Does Insurance Coverage Impact a Car Accident Claim?
If you’re involved in a car accident that results in minor injuries, you can file a claim against your personal injury protection insurance. Your policy limits will directly impact how much you’re able to recover. If you file a lawsuit against the other party, their coverage limits also play a role in how much you can receive from them in a claim.
What Should I Do if the Insurance Company Offers Me a Settlement?
Always consult with an attorney before accepting a settlement. Often, insurers will try to settle quickly and will present a low amount in the hopes that you won’t know how much you’re entitled to. Your attorney can help maximize your claim.
How Can a Lawyer Help if My Car Accident Claim Is Denied or Delayed by the Insurance Company?
One of the most important things your lawyer can do is to file a lawsuit against the at-fault party to help you recover losses. Because these are complex proceedings, it’s not an option you want to pursue without representation.
If the claim is delayed because insurers are dragging their feet, your attorney can pressure them into deciding.
Is It Necessary to Hire a Lawyer After a Car Accident?
It’s not a requirement to hire a lawyer, but it is in your best interests to do so. With a lawyer helping you, you can focus on healing while they handle the legal work. They will be able to present a robust claim using the right evidence.
Can I File a Car Accident Claim if the Accident Was Caused by Bad Weather Conditions?
The answer depends on how the accident occurred and what other factors were at play. If the road had potholes, pavement cracks, or other issues that made driving much more difficult in bad weather, then you may be able to hold the party in charge of road maintenance liable.
Bad weather can make certain actions dangerous. Even driving at the legal speed limit could be a problem if there’s low visibility, so you could hold another driver responsible even if they weren’t technically breaking the law under normal conditions.
How Does the Claims Process Work if the Accident Involved a Hit-and-Run?
If you’re in a hit-and-run accident, you would first collect from your personal injury protection insurance. If you have uninsured motorist coverage, you can also recover from that policy.
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