Yes, you can sue someone for damages after a car accident. Even in Florida, which has a no-fault insurance system, you can pursue damages if your injuries are severe enough to qualify you for additional compensation.
To learn more, call the Law Offices of Anidjar & Levine today at 1-800-747-3733 for a free, no-obligation case review.
Understanding Your Personal Injury Protection Insurance Coverage
Every vehicle owner in the state of Florida is required to have personal injury protection insurance (PIP) coverage under FL § 627.736. The $10,000 minimum coverage covers you up to the limits of your policy, regardless of whether you caused the accident. It also covers you if you are riding as a passenger in someone else’s car, if you are in a pedestrian accident, or if you are in a bicycle accident.
However, the PIP coverage only pays 80 percent of your medical bills and 60 percent of lost wages. As long as expenses do not go over $10,000, PIP takes care of your bills. The problem occurs when damages exceed that amount.
Meeting the Injury Threshold
According to FL § 627.730, victims in a car accident must meet an “injury threshold” to file a liability claim or personal injury lawsuit against the driver whose negligence left you with physical scarring or disfigurement or other permanent bodily injuries. The injury threshold has also been met when a family member loses their life as a result of injuries sustained in an accident.
Unfortunately, the state of Florida does not provide examples of these injuries. A lawyer can evaluate a claim and let you know whether you meet the criteria and have the right to pursue damages.
Laws That Can Impact Your Claim
In addition to Florida’s no-fault insurance laws, other laws can impact your ability to collect compensation after an accident. One of them is FL § 768.81.
The comparative negligence statute—also referred to as the comparative fault law—allows the court to attribute some of the responsibility for the accident on more than one party. In other words, if it is determined that you are somewhat responsible, you will not be able to recover full compensation. That said, you will only lose compensation according to your percentage of liability. For example, if you were found to be 25 percent responsible and the total damages amount to $100,000, you can still recover $75,000.
At the time of the accident, the police may issue a citation to the involved parties depending on who the officer perceives is at fault. A lawyer can also negotiate with the insurance company’s lawyer to agree on who is liable in the accident and what the degree of liability is for all parties.
If the insurance company refuses to negotiate, the case may be taken to court, and the jury will determine who is at fault and what the degree of responsibility is for each party.
Comparative negligence is not the only statute that can impact your ability to file a lawsuit pursuing damages after a car accident.
Florida’s statute of limitations also applies. In Florida, you have four years to file a lawsuit pursuing compensation in a personal injury accident under FL § 95.11. If a wrongful death occurred, you have two years from the date of the individual’s death.
The Law Offices of Anidjar & Levine is ready to assist you today. Call 1-800-747-3733 for a no-obligation evaluation of your case.
The Personal Injury Lawyers at the Law Offices of Anidjar & Levine Can Help
At the Law Offices of Anidjar & Levine, we understand that filing a no-fault insurance claim or filing a lawsuit because of the severity of your injuries can be overwhelming. We are here to help. Damages we have helped clients recover in cases like yours include:
- Medical expenses
- Lost wages
- Out-of-pocket costs
- Pain and suffering
And in the case of wrongful death, you may also be entitled to:
- Funeral expenses
- Loss of support and protection
- Loss of consortium
We have many resources at our disposal to help build a claim pursuing damages in your case. Call us today at 1-800-747-3733 for a free, no-obligation case review.