Car accidents are among the most common reasons for personal injury cases in Naples, Florida. If you have suffered a knee injury after a car accident, you may have the legal right to seek compensation from the driver that harmed you. A Naples car accident lawyer from the Law Offices of Anidjar & Levine can guide you through the entire civil proceeding. For a free consultation, call us today.
Florida’s No-Fault Insurance System
In Florida, those who suffer damages from car accidents have to file a claim with their insurer. The state follows a no-fault insurance system wherein insurance companies must pay for their policyholders’ damages, including medical expenses and lost earnings, regardless of who was to blame for the incident. Such a policy intends to speed up claims processing, especially for minor injuries, since the victim does not have to prove the other party’s fault to receive compensation.
According to The Florida Bar, every motorist in Florida must have personal injury protection (PIP) of at least $10,000. The insurance company will cover only a portion of accident-related expenses—80 percent of medical bills and 60 percent of wages lost while getting treated and recuperating. Moreover, the policyholder has to pay first the required deductible before recovering any funds.
Bear in mind that the insurer will only settle up to your policy limits. If total damages exceed your coverage, your next recourse is to seek additional compensation from the at-fault driver. You may want to consider consulting a lawyer to know how to move forward with your case.
Severe Injuries Arising from Auto Accidents
Florida’s no-fault policy does not hinder your legal right to sue; it only limits. You can initiate a lawsuit if your car accident caused catastrophic or life-changing injuries, such as the following:
- Permanent or temporary disability
- Extensive scarring or disfigurement from the injury
- Loss of body part or bodily function
If you have a severe knee injury because of the collision, you may seek compensation from the at-fault driver’s insurance company. If the accident led to someone’s death, that person’s surviving family members could also sue the responsible party. You can also file a lawsuit in Naples if the total damages exceeded or breach the $10,000 limit.
You may want to talk to a lawyer from the Law Offices of Anidjar & Levine to see if you have an actionable claim against the liable party. You may want to have legal support in pursuing a reasonable settlement for your future medical expenses, including treatments, rehabilitation sessions, and other potential economic losses. Moreover, you may seek compensation for pain and suffering or reduced quality of life. Get in touch with Naples personal injury lawyers today to discuss the merits of your personal injury lawsuit.
Comparative Negligence and Awarded Damages
Most personal injury claims arising from car accidents use negligence as the underlying legal theory for liability. When a driver acts negligently, such as disobeying traffic laws or driving aggressively, they put fellow road users at significant risk. Although they did not intend to harm others, their reckless conduct holds them liable for the resulting damages.
However, negligence does not always apply to one party only. Florida follows the comparative negligence rule to determine the degree of liability of those involved. If you suffer from extensive injuries but probably caused 20 percent of the accident, you can only recover 80 percent of awarded damages.
When pursuing a claim outside the PIP coverage, the at-fault driver’s insurer or lawyer will raise this issue during settlement negotiations. They may argue that your share of fault is higher, thus lowering your potential payout. However, even if they point out that you were to blame for more than half of the accident, the state will still allow you to pursue an injury lawsuit.
Why Work with an Injury Attorney
If you have suffered extensive harm in an auto collision, you should retain the services of a Naples knee injury caused by a car accident lawyer. Personal injury cases have time limits—Florida’s statute of limitations only allows victims to bring a claim within four years of the incident, under Florida Statutes § 95.11. Once the deadline expires, any legal action is no longer allowed. However, depending on the circumstances of your case, the statute of limitations may be tolled.
Apart from ensuring that you take legal action within the deadline, a lawyer will collect adequate evidence and investigate the facts surrounding your case. Doing so strengthens your claim and makes it actionable enough for the at-fault’s insurer.
Moreover, your attorney will also estimate the value of your damages. Many injured victims commit the mistake of accepting a low settlement offer simply because they do not know how much their case is worth. If you work with a lawyer, they will negotiate a fair payout as compensation for what you have suffered because of another party’s negligence. They will consider several factors to arrive at a reasonable amount.
Hiring a Lawyer
At the Law Offices of Anidjar & Levine, our team of injury attorneys has helped numerous clients receive the compensation they deserve. With that, do not be afraid to ask questions about your case, such as possible outcomes, expected timeline, and frequency of updates. To learn more about how a Naples knee injury caused by a car accident lawyer can help you with your case, reach out to us today.
We Can Help.
