The damages you can collect after a car accident can consist of a wide variety of damages. They include:
- Ambulance rides
- Medical treatment
- Hospital stays
- Outpatient or inpatient rehabilitation
- Physical therapy
- Adaptive equipment
- Lost wages
- Future wages and benefits if you are unable to return to work
- Vehicle repair costs
- Out-of-pocket costs
- Pain and suffering
- Mental anguish
For a free legal consultation, call (800) 747-3733
Pursuing Compensation Outside Florida’s No-Fault System
If you are involved in an accident, you are first required to file a claim with your own personal injury protection (PIP) insurance provider. FL §627.736 requires drivers who own a vehicle must carry a minimum of $10,000 in PIP insurance to use in the event of an accident, regardless of who caused it.
PIP covers your children, members of your household, and any passengers who do not own a vehicle. It pays 80 percent of your medical bills and 60 percent of lost wages, up to the limits of your policy. The problem occurs when the seriousness of the injuries exceeds the amount provided by your policy. It gets even worse when your injuries prevent you from returning to work and earning an income.
In this case, you may want to consider pursuing a claim against the at-fault driver. In order to do this, you must prove two things:
- That your injuries meet the serious injury threshold set by the state of Florida
- That the driver’s negligence caused the accident
Injuries that are considered “serious” by Florida law include those that left you with physical scarring or disfigurement, permanent bodily injuries, or caused a death.
You must then prove that the driver owed a duty to be careful and that when they breached that duty, they caused an accident that resulted in your serious injuries. To prove negligence, our team gathers:
- Police reports
- Video or still photos from traffic cameras
- Eyewitness statements
- Medical records and doctor’s statements regarding your injuries and treatment plan
Laws That Can Impact Your Case
It is important to be aware that there are limits in place for the amount of time you have to pursue a lawsuit in the state of Florida. In a personal injury accident, you must file a lawsuit within four years of the date of the accident, in accordance with FL § 95.11. In the event of a wrongful death where the victim died as a result of the seriousness of their injuries, the surviving family members have two years from the date of their death to file a lawsuit.
If you do not take action by the time the statute of limitations has run out, you typically lose the right to pursue compensation.
You should also be aware of Florida’s doctrine of comparative negligence. This refers to the legal standards that Florida uses to determine who is liable in an accident and, if so, to what degree. In Florida, you can collect from an at-fault driver, even if you contributed to the accident. Parties are held responsible for their contribution to the damages and injuries.
This means if you are 20 percent liable for your car accident, you can recover 80 percent of your damages.
The Law Offices of Anidjar and Levine Want to Help With Your Car Accident Case
A lawyer can help you establish liability in your claim and use the resources, technology, and techniques to build the strongest possible case for you. The lawyers at the Law Offices of Anidjar & Levine are here to help you with your case from start to finish, taking the burden off of you so you can focus on healing.
Contact us today at 1-800-747-3733 for a free, no-risk consultation. We can help you understand the scope of the damages you can collect for a car accident.