Yes, a car accident lawyer will deal with the insurance companies from the time of your accident until your case is closed. They can file the claim with your insurance company for your PIP benefits, and they can also pursue damages with the insurance company of the at-fault driver.
Call the Law Offices of Anidjar & Levine at 1-800-747-3733 for a free, no-obligation consultation of your case.
For a free legal consultation, call (800) 747-3733
Filing a Claim for PIP Benefits
If you have less than $10,000 in costs associated with your car accident injuries, the benefits from your PIP coverage mandated by FL § 627.736 should cover your expenses. To get the benefits, you must seek treatment from a physician within 14 days of the accident. The doctor also must determine that you had an emergency medical condition. If the doctor does not, the insurance company will only pay up to $2,500 in benefits.
Assuming you do qualify for PIP benefits, you will be able to recover 80 percent of your medical expenses and 60 percent of your lost wages, up to $10,000 in coverage. If you have more than $10,000 in total damages, you may want to file a claim to recover additional compensation from the at-fault driver’s insurance company or file a personal injury lawsuit.
Recovering Compensation From the At-Fault Driver
To qualify to pursue damages from the other driver’s insurance company, you must have one of the following injuries from the car accident:
- Permanent bodily injury
- Physical disfigurement
- Physical scarring
The death of a loved one automatically meets the criteria needed to pursue further compensation, and you have the right to file a wrongful death lawsuit.
To prove to the at-fault driver’s insurance company that the injuries you sustained were from that accident, you will need:
- Video footage from traffic cameras showing the other party caused the accident
- Statements from doctors about your prognosis and any ongoing medical care you will require
- Statements from family members and friends about how your life has been altered as a result of the accident
A lawyer can help you gather all of this evidence and deal with the insurance company on your behalf. Call the Law Offices of Anidjar & Levine at 1-800-747-3733. Our staff is available to review your case for free.
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Laws That Could Impact Your Claim
To pursue damages through a personal injury lawsuit against the other driver, you must file your claim within four years of the date of the accident, according to Florida’s statute of limitations. It also states you must file a wrongful death lawsuit within two years of the victim’s death.
Another law that could impact your claim is FL § 768.81. This law allows the court to attribute the responsibility of an accident to more than one party.
Under this law, you have the right to pursue damages related to the accident, but you may be unable to recover full compensation for your losses if you contributed to the incident or damages.
After an accident, a police officer can write a citation to every party which he deems to be responsible. However, a lawyer can also negotiate with the other party’s insurance company and come to an agreement on who is liable and to what degree. If no agreement can be made, a case can also be taken to court where a jury would decide who is responsible in a case.
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A Florida Car Accident Lawyer Can Help
A car accident lawyer will deal with the insurance companies and take on the burden of establishing liability and pursuing damages. They also will:
- Gather evidence, including photographs, testimony from witnesses, or work with professionals to reconstruct the accident
- Establish that the other party breached his care of duty to others on the roadway and that this breach caused the accident and your subsequent injuries
- Estimate the total cost of damages you have incurred because of the accident
For a free, no-obligation consultation to review your car accident claim, contact the Law Offices of Anidjar & Levine today at 1-800-747-3733.