Vehicular accidents are sometimes unavoidable and can happen to anyone, even to the most careful of drivers. Sometimes, car crashes may result in costly damage to property and catastrophic injuries. If you suffer from severe injuries like internal bleeding and head trauma, recovery takes time and could eventually burden your finances. That is why you must hold the other driver accountable for what happened to you.
It is best to consult with a Naples internal bleeding caused by a car accident lawyer to explore your legal options. The Naples car accident lawyer can help you understand how you can move forward with an injury claim. For a risk-free, initial consultation call us.
Florida Is a No-Fault Insurance State
To cover damage expenses, Florida motorists who get into car accidents must first file a claim with their auto insurance carrier. The state is one of the few that follow the no-fault rule. Under this system, insurers pay for the policyholder’s damages, regardless of who was responsible for the accident. It allows victims to receive compensation immediately without proving that the other party was at fault.
Every driver in Florida is required by law to carry a minimum of $10,000 in personal injury protection (PIP) insurance. It will cover their medical bills and lost wages resulting from an accident, but not the full amount. You can only reimburse up to 80 percent of medical expenses and 60 percent of lost earnings, minus the deductible and up to your policy limits.
The no-fault insurance system compensates the accident victim for minor injuries without having to file a lawsuit. But if you suffer severe injuries like internal bleeding that exhausted your PIP and medical insurance, you will need to seek other ways to recoup the cost of your damages. A Naples personal injury lawyer can help file a personal injury claim on your behalf. They will also help to estimate a reasonable settlement for your damages.
Serious Injuries and Pursuing Compensation
A common misconception in no-fault insurance systems is the victim’s right to sue. Many of those injured in car crashes assume that taking legal action against the at-fault driver is impossible; however, it is not.
The no-fault insurance rule in Florida aims to discourage lawsuits that clog up the court system and lower insurance costs. However, it does not fully eliminate your legal right to proceed with litigation. The state allows injured victims to sue the negligent driver under the following circumstances:
- Death
- Permanent injury with or without disability
- Extensive scarring or disfigurement
- Loss of body part or permanent loss of bodily function
Often, the more severe your accident-related injury, the higher the compensation you may seek from the at-fault party. The rationale behind it is that you will need a significant amount of money to seek treatment and recover from injuries and other damages. Since they caused the car accident, they have to pay for the consequences of their misconduct.
Apart from medical expenses, lost wages, and other related costs, you may also claim damages for your pain and suffering. Determining the severity of your injuries can be a complicated legal matter, similar to establishing liability in the accident. Instead of representing yourself, work with an attorney from the Law Offices of Anidjar & Levine. They will gather evidence to prove facts and circumstances to make your claim actionable. To get started, reach out today.
Understanding Comparative Negligence
When pursuing compensation outside Florida’s no-fault insurance system, it is crucial to determine who is to blame for the accident—they will be financially responsible for the resulting damages. Establishing fault happens through evidence, including photos or videos of the accident scene, witness statements, experts’ testimonies, and police reports. A Naples internal bleeding caused by a car accident lawyer can help you in this aspect.
The majority of car crashes happen because of negligent behavior, such as going over the speed limit, driving aggressively, running a red light or stop sign, and disobeying traffic laws. Their liability in the accident stems from acting unreasonably, putting fellow road users at risk. Negligence is a commonly used basis for personal injury claims, but it can also apply to accident victims.
The at-fault party’s insurer and lawyers will raise the issue of comparative negligence at some point in valuing your claim outside the PIP coverage—did you act negligently? In Florida, the state will consider every party’s liability that may have contributed to the accident. One’s degree of fault reduces their claim by the same percentage. If you were 20 percent at fault for the collision, you would only receive the remaining 80 percent of the awarded payout.
Florida is among the states that follow the pure principle—you may seek recovery regardless of your percentage of fault in the accident.
Florida’s Statute of Limitations Explained
Like most states, Florida has a statute of limitations on personal injury claims. It limits the amount of time left in bringing a cause of action, such as filing a lawsuit. Once the timeframe expires, you cannot seek additional compensation from the at-fault driver, even if you have a valid claim.
The statute varies for every state, often ranging from one to six years. In Florida, injured victims have four years from the date of the accident to pursue civil damages. Although exceptions may apply given specific circumstances, it is best to understand how much time you have left in bringing an injury claim. Your legal representative may file the lawsuit amidst ongoing settlement proceedings with the at-fault’s insurer to ensure it is within the state’s deadline.
Getting Legal Assistance Is Essential
Regardless of what stage you are at in the claims proceedings, you could still benefit from professional legal support. Proving the facts surrounding your case is often difficult and will likely require a legal professional’s expertise. Working with a lawyer from the Offices of Anidjar & Levine can help you seek compensation. We will fight for your legal rights so you can fully recover from your serious injuries and get your life back on track after an auto accident.
Call us today to get started with your claim.
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