If you have suffered serious injuries as a result of someone else’s negligent actions, you may be entitled to pursue compensation for your losses through an insurance claim or personal injury lawsuit.
Your ability to sue someone personally after a car accident or pursue a third-party auto insurance claim hinges on your ability to prove that your injuries meet the serious injury threshold requirement and that the other driver was behaving negligently.
For a free legal consultation, call (800) 747-3733
Common Types of Negligent Driving Behaviors
Common examples of negligent driving behavior include:
- Distracted driving, which includes texting and driving, talking on the phone, speaking with passengers, changing the radio, or even just admiring the scenery
- Driving under the influence of drugs or alcohol
- Driving while drowsy
- Running stop signs or red lights
- Driving recklessly or aggressively, including tailgating or drag racing
- Unsafe lane changes
Florida Law Could Impact Your Claim
There are a couple of laws of which you should be aware that could impact your claim
Statute of Limitations
FL § 95.11 sets a limit of four years for personal injury lawsuits. If you do not file your claim within four years of the date of the accident, you generally forfeit your right to pursue compensation for your losses.
If your family member died as a result of the seriousness of their injuries, you may be entitled to a wrongful death lawsuit. Florida law says you must file your lawsuit within two years of the death of the victim in order to pursue damages.
Comparative Negligence Statute
FL § 768.81 may also impact your claim. Florida follows a pure comparative negligence law, which holds each party liable for their contribution to the accident and the damages. It does not mean you cannot recover damages if you are found somewhat at fault, however. The court just deducts your degree of compensation.
For example, if you were found to be 20 percent responsible for the accident that caused your injuries, you can still recover 80 percent of the compensation you demanded.
Before this happens, though, your lawyer will build the strongest possible case, using witness statements, accident scene reconstruction specialists, photographs, video surveillance, and any other resources available.
Types of Damages You May Be Entitled to After a Car Accident
There are a number of types of damages that you may be able to recover after a car accident.
Economic damages include:
- Ambulance rides
- Hospital stays
- Therapies, such as occupational or physical therapy
- Doctor’s appointments
- Lost wages
- Future wages if you are unable to return to work
- Repair or replacement of your car
- Out-of-pocket expenses
- Other accident-related costs
Noneconomic damages include:
- Pain and suffering
- Disfigurement and scarring
- Emotional distress
If your family member does not survive their injuries, you may be able to pursue a wrongful death claim. If you are successful, you may be entitled to specific types of compensation related to this lawsuit. They include:
- Unpaid medical expenses related to the victim’s injuries
- Funeral and burial costs
- Loss of consortium
- Loss of support and protection
- Loss of wages and benefits provided by the deceased
- Loss of companionship
At the Law Offices of Anidjar & Levine, we will pursue compensation to the fullest extent of your injuries in order to hold the at-fault driver liable for the damages you have suffered. If you are ready for us to get to work on your claim right away or would like a free evaluation of your case, contact us today at 1-800-747-3733. We can figure out if you are able to sue someone personally after a car accident and if that is the best option in your circumstances.