A car accident in South Florida can change your life in a way you would never have thought possible. The words “pain and suffering” take on a new meaning when you sustain head and neck injuries, broken bones, or back injuries from an accident. If the accident damaged or totaled your car and you are unable to work due to your injuries, you may feel stranded, helpless, and frustrated.
You do not have to go through this alone. The Law Firm of Anidjar & Levine can help you recover monetary damages for your losses so you can move forward with your life. Contact us today at 800-747-3733 for a free case review with a car accident lawyer in Homestead.
Will My Insurance Policy Cover My Losses After a 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.
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.
Talk With a 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 serious injuries in 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.
How Will I Prove the Other Driver Caused the Accident?
We can help you build a valid insurance claim to establish liability. To hold the at-fault driver legally responsible for your injuries and losses, Florida law requires us to prove the four elements of negligence.
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.
The driver’s carelessness or negligence caused an accident that resulted in bodily injuries and damaged vehicles. Factors contributing to negligent driving can include:
- Driving while intoxicated;
- Sending text messageswhile driving;
- Talking on the phone behind the wheel;
- Failing to adjust to deteriorating road conditions; and
- Ignoring traffic signals and road signs.
This involves your losses and the out-of-pocket expenses you incurred as a result of the driver’s negligence.
How Much Compensation Will I Receive?
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; and
- Loss of companionship.
What If the Other Driver Claims I Caused the 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 comparative negligence law applies in these instances. Under this law, if you want compensation but you contributed to the accident, you will receive a reduced award based on the percentage of your 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 I Have to File a Lawsuit to Get a Damage Award?
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.
Schedule an Appointment With Us Today.
Contact the Law Firm of Anidjar & Levine today to schedule a free consultation with a Homestead car accident attorney. 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 800-747-3733 today to set up your free meeting.