As a Florida driver, you are probably aware the state’s no-fault auto insurance law requires you to carry a personal injury protection (PIP) policy. However, if you are like many drivers, you may not understand exactly what this means for you after a crash.
These policies pay out quickly to cover injuries and minimal lost wages after a fender bender or other relatively minor crash. Their limits are high enough to cover a visit to the emergency room, but coverage does not extend much beyond that. Of course, not all accidents are minor; some auto collisions lead to catastrophic injuries that require months of treatment and years of ongoing care.
When an accident victim suffers severe injuries, they often have additional options for getting the compensation they need. At the Law Offices of Anidjar & Levine, we understand you want legal guidance and support to recover the compensation you deserve. Call our office today to begin a complimentary case evaluation with our Cape Coral personal injury lawyers.
Our Clients Never Pay Out Of Pocket To Retain Our Law Firm’s Help
Contingency-fee basis. What does that mean? It means that getting paid our attorney’s fees is contingent on your case’s outcome. At the beginning of our partnership, you don’t pay hourly rates, retainers, or fees. You also don’t pay any administrative or consulting costs.
Payment for our help comes from the compensation we secure on your behalf. In the rare instance your case doesn’t yield damages, you don’t pay anything. You can learn about this arrangement, our services, and other details during your no-obligation case review.
What You Get With Our Cape Coral Car Accident Lawyers
Our lawyers are more than attorneys. They also use their skills to double as:
- Investigators. Your case needs evidence to yield a fair outcome. We gather the accident report, eyewitness testimony, and traffic camera footage to prove your case’s required elements.
- Negotiators. We don’t take “no” as an answer when dealing with insurance companies. Once we identify the liable party, we intend to hold them accountable for the full cost of your damages—end of story.
- Advocates. We stand between you and anybody who attempts to derail your case’s progression. We’re on your side—not the insurance company’s.
Our legal representatives are available 24 hours a day, seven days a week, to learn your story and set your case in motion.
Our Personal Injury Attorneys File A Claim Based On Your PIP Coverage
In almost every instance, the first auto insurance claim you file after a crash will be with your own insurance company based on your PIP coverage. However, if you carry the minimum coverage in the state’s no-fault laws, you only have $10,000 to pay your medical bills and cover your lost wages. If you suffered serious injuries, your treatment likely exceeded this limit during your hospital stay.
When you find yourself in this situation, give us a call. We can file your personal injury claim and work directly with your insurance company. If necessary, we can also file a PIP lawsuit against your insurer. You can focus on your physical recovery while we ensure that your right to file a third-party claim against the at-fault driver remains protected.
We Seek Compensation Beyond What Your PIP Policy Covers
Florida’s insurance laws set a threshold for determining if an accident is serious enough to warrant a third-party claim based on the at-fault driver’s liability insurance coverage. If you meet this threshold and another driver caused your crash, we can file a claim to cover losses your PIP policy does not cover. This includes pain and suffering and other emotional losses.
The criteria used to determine if you meet the serious injury threshold include:
- Injuries that will cause your death, either immediately or in the future;
- A significant impairment to an important body part;
- Permanent injuries; and
- Scarring or disfigurement of prominent areas of the body.
During your initial consultation, we will discuss the details of your accident injuries and determine if you are eligible to file a claim for compensation beyond what your PIP policy covers. If it appears you may qualify, we will request your medical records and other documentation to prove you meet the threshold. Once we have that in-hand, we can pursue a third-party liability claim against the driver who caused your accident.
Our Cape Coral Lawyers Guide You Through The Claims Process
Winning compensation through a third-party liability claim requires us to prove another driver’s negligence caused your crash. This requires a plethora of evidence, from pictures of the scene to eyewitness accounts. We often bring in accident reconstruction experts and other specialists to help us prove these cases.
We Demand That The Liable Insurer Offer Fair Compensation
After collecting the documentation necessary to prove negligence and causation, we present this information—as well as the proof we collected to show your accident-related damages—to the other driver’s insurance company. We issue a demand letter requesting it pay you fair compensation for your damages. This letter outlines the severe nature of your injuries, the effect this crash will have on your life, and the amount of compensation you need as a result.
Usually, the insurance company responds to this claim and demand letter with a settlement offer that is significantly lower than we requested. This is what we expect in these cases. It simply begins a process of settlement negotiations. During these negotiations, we fight aggressively for fair compensation. In many cases, this is effective, and we reach a settlement during this process.
We Stand Ready To Sue The At-Fault Party If Negotiations Don’t Work Out
Rarely, an insurance company will deny a claim and refuse our appeals. When this occurs, we may need to file a personal injury lawsuit against the at-fault driver and their insurer in civil court. As we’ll mention later, we only have a limited time to initiate litigation under Florida’s statute of limitations. It’s vital that we act within that prescribed period or else you could lose the right to seek damages.
Trust Our Lawyers To Seek The Full Cost Of Your Injury-Related Losses
The only way to be sure about the value of your claim is to discuss it in-depth with our lawyers. Every case is different. There is no one-size-fits-all approach to putting a value on these accident claims. As we build a case to support your claim, we collect evidence to prove its value. This evidence includes medical bills, receipts, estimates, and proof of lost wages. We collect documentation to prove all your economic damages, including many you might overlook on your own.
We add up your economic losses, including your:
- Ambulance ride;
- Emergency department costs;
- Surgery;
- Inpatient treatment and hospitalization;
- Inpatient rehabilitation;
- Outpatient physical therapy;
- Prescription drugs;
- In-home nursing care;
- Wheelchairs and other adaptive equipment;
- Parking fees when going to doctor’s visits;
- Property damage costs; and
- Other accident-related expenses.
Including all possible economic losses is important, because we also base the value of your non-economic damages off of the total of your financial losses. This total could be higher than your actual monetary losses, so even a few dollars worth of parking receipts can make a difference.
You Have A Limited Time To Pursue Compensation For Your Cape Coral Crash
Florida Statutes § 95.11 gives you two years from the date of the accident to file a personal injury lawsuit against the driver who caused the crash. However, there are several reasons you should act quickly to get the financial compensation you need.
Our advice is to give us a call as soon as you can. The sooner we start, the easier it is to gather evidence from the scene. Witnesses remember things more clearly, and we can sometimes obtain surveillance video of the crash from nearby businesses.
Begin Your Free Case Review With Our Cape Coral Legal Team
Call the Law Offices of Anidjar & Levine today to begin your confidential consultation. We can fight for the full amount of compensation you deserve after a car accident in Cape Coral.
We Can Help.
