You do not have to go through this alone. The Homestead personal injury lawyers with the Law Offices of Anidjar & Levine can help you recover monetary damages for your losses so you can move forward with your life.
Will Your Insurance Policy Cover Your Losses After A Homestead Car Crash?
Florida is a no-fault state. That means no matter who caused the accident, insurance companies should compensate their policyholders for their injuries. State law requires vehicle owners to purchase personal injury protection (PIP) insurance to cover any injuries that occur during a car accident. With PIP coverage, you can get up to $10,000 in medical and disability benefits from your insurance company if you seek treatment within 14 days of your accident, according to Florida Statutes § 627.736.
PIP coverage includes 60 percent of your lost wages or income and 80 percent of your medical, surgical, and x-ray expenses, as well as the cost of ambulance transport, hospital treatment, nursing services, and other medically necessary costs. In our experience of helping accident victims, we have found that PIP insurance does not always cover the complete costs that occur after a car crash.
Work With A Homestead Car Accident Lawyer Before Accepting Your Insurance Company’s Offer For Your Claim
If your insurance company’s settlement offer does not cover all of your accident-related expenses and you are facing a long physical recovery and mounting finances, we recommend that you talk with one of our attorneys before accepting the offer. Once you accept your auto insurer’s offer, you cannot ask for more money to cover future expenses.
As experienced attorneys, we know when auto insurers offer low settlements or deny claims to save money and close insurance claims. An insurance company may only consider the immediate costs you paid out because of your accident. Our firm considers your present condition in addition to the future expenses you may incur due to your injuries. We can help you get as much coverage as possible under your PIP policy.
However, if you suffered an accident you did not cause, we may need to go outside of your policy to recover the compensation you need. In cases like this, we can hold the at-fault driver liable for your losses beyond what your insurance covered for serious injuries, according to Florida Statutes § 627.737.
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How Can You Prove The Other Driver Caused The Car Accident?
We can help you build a valid insurance claim to establish liability. Florida law requires us to prove the four elements of negligence to hold the at-fault driver legally responsible for your injuries and losses:
Duty Of Care
All drivers owe other motorists a duty to drive carefully and not place others at risk for injury.
Breach Of Duty
Drivers breach this duty when their carelessness or negligence places other drivers at risk for injury.
Causation
The driver’s carelessness or negligence caused an accident that resulted in bodily injuries and damaged vehicles. Factors contributing to negligent driving can include:
- Speeding
- Driving while intoxicated
- Sending text messages while driving
- Talking on the phone behind the wheel
- Failing to adjust to deteriorating road conditions
- Ignoring traffic signals and road signs
Damages
This involves your losses and the out-of-pocket expenses you incurred as a result of the driver’s negligence.
How Much Compensation Will You Receive For a Homestead Car Accident?
A number of factors go into calculating an insurance claim. We cannot give you a definite value for your claim until we speak with you about your accident-related expenses. Typically, insurance companies pay for such damages as:
- Medical bills from hospitalizations or doctor’s office visits
- Ambulance transportation
- Physical therapy
- Assistive medical devices, such as braces, canes, or crutches
- Lost wages
- Lost earning capacity, if you cannot return to work
- Home medical equipment or supplies
- Vehicle repair or replacement costs
- Pain and suffering
- Emotional distress
- Loss of companionship
What If The Other Driver Claims You Caused The Homestead Car Accident?
Although Florida is a no-fault state, determining who is at fault for causing a crash remains a central issue in most accidents—particularly those involving serious injuries. If you submit an insurance claim and the other driver claims you were partially responsible for the accident, expect that driver’s auto insurer to challenge your claim. This is why you need an experienced and aggressive car accident attorney to stand up to the auto insurer.
Insurance companies want to reduce your payment if you are partially responsible for causing the accident and are seeking compensation. Florida’s law applies in these instances. Under Florida Statutes § 768.81, if you want compensation but you contributed to the accident, you will receive a reduced award based on the percentage of your negligence. comparative negligence
For example, if you file a lawsuit against the other driver for damages of $100,000 and you were 30 percent at fault, you would only receive 70 percent of your damages—or $70,000.
Do You Have To File A Car Accident Lawsuit?
If you hire the Law Firm of Anidjar & Levine, we will first negotiate an out-of-court settlement of your claim with the insurance company. Our firm will help you get the best outcome possible for your injuries and other personal losses. However, if we cannot reach an equitable settlement, you may choose to file a lawsuit. We can represent you in court, as well.
Make Sure You Seek Medical Care After A Car Accident
Nothing is more important than healing from your truck accident-related injuries. You deserve to reach you maximum medical recovery, and only a physician can help you do that. Following through with your medical care can also help support your case for compensation.
Our Homestead car accident attorneys can use your medical records, along with your physician’s expert witness testimony, to substantiate your accident-related losses. If you delay or forgo medical treatment, an insurer may try to undervalue your claim. Protect your case by protecting your health.
Call Us To Discuss Your Homestead Car Accident Case
Contact the Law Offices of Anidjar & Levine today for a free consultation. We can tell you more about how a Homestead car accident attorney from our firm can help. We take a personal approach to handling cases to earn the trust of our clients. Because of the size of our firm, our car accident attorneys can give your case the personal attention it deserves.
We work on a contingency fee basis, which means you pay no legal fees unless we win compensation in your case. Call us today to set up your free meeting.
