A West Palm Beach car accident lawyer from the Law Offices of Anidjar & Levine is here to help you pursue the compensation available to you under Florida law. FL § 627.730 sometimes limits how much you can pursue. However, there are exceptions to this rule.
In some cases, when your injuries are relatively minor, you may only be able to pursue damages based on your personal injury protection (PIP) policy. This policy required by FL § 627.736, which covers medical care up to the limits of your policy and some of your lost wages.
If you suffer serious injuries, the cost of treatment may quickly exceed the limits of your policy. When this happens, an attorney from the Law Offices of Anidjar & Levine will review your case for free. During this consultation, we will:
- Discuss your accident and injuries
- Explain your rights
- Determine if you might meet an exception to the state’s no-fault laws
- Explain your legal options based on the facts of your case
If we believe you may be eligible to hold the other driver liable in a fault-based insurance claim or personal injury lawsuit, we can request copies of your medical records to be sure. Let our team go the extra mile for you. We can provide the responsive legal care you need to reduce the stress you face. Our team will:
- Protect your right to take legal action
- Keep you up to date about your case
- Build a strong case to prove negligence and liability
- Mitigate any allegations of contributory negligence
- Document your expenses and losses
Our attorneys will pursue the compensation you need and deserve on your behalf. We can file your PIP claim, file a fault-based liability claim, or even take your case to trial and represent you every step of the way. You worry about getting better. We take care of everything else.
A West Palm Beach car accident lawyer from the Law Offices of Anidjar & Levine can help you recover the compensation you deserve to receive medical care, pay your bills, and make up for lost wages. Contact us at 1-800-747-3733 as soon as possible to schedule a free consultation with a car accident lawyer in West Palm Beach.
For a free legal consultation with a car accidents lawyer serving West Palm Beach, call (800) 747-3733
Is It Worth Hiring a Car Accident Lawyer?
Hiring a personal injury attorney after a West Palm Beach car accident can protect your right to pursue compensation as well as help you identify the full value of your accident-related losses and expenses. Their role becomes even more important if you qualify to file a fault-based claim and need to take legal action, or the insurance company accuses you of contributing to the accident.
It always helps to have legal representation any time you have to deal with an insurance company. This is because insurers often try to minimize the amount they pay out to car accident victims. They may also use your statements against you, claiming that you shared some of the fault for your car wreck.
We know how to beat these and other tactics to get you the compensation you deserve. We can negotiate with the insurance company until we arrive at a fair settlement for you. If we are unable to come to an agreement, we can take your case to court.
If we need to take legal action in your case, you can count on our team to:
- Go the extra mile to ensure you have the support you need
- Stand by you and fight for your best interests throughout the process
- Answer your questions and address your concerns every step of the way
- Present a strong case in court to prove negligence and liability
- Fight for a just award that covers your accident-related damages
- Charge you nothing out of pocket and only take our attorney’s fees after recovering a settlement or award on your behalf
You do not want to try to navigate a third-party liability claim on your own, because the insurance company will do everything it can to reduce the value of your case and strip you of your right to recover compensation for your expenses and losses. With our team on your side, you worry about getting better. We take care of everything else.
It is essential that you contact us as soon as possible after your crash. However, if we need to file a lawsuit, we only have four years from the date of the accident to do so. The sooner we can start on your case, the stronger it will be.
If there is not sufficient time to investigate your case and take legal action against the at-fault driver before time runs out, you could lose the right to file a personal injury lawsuit to recover compensation.
West Palm Beach Car Accidents Lawyer Near Me (800) 747-3733
Should I Hire a Car Accident Lawyer for a Minor Accident?
We recommend having a car accident attorney on your side after a West Palm Beach collision to protect your rights and pursue damages to the fullest extent allowed under the state’s no-fault law. At the Law Offices of Anidjar & Levine, our attorneys can review your case for free and help you file your PIP claim or a third-party insurance claim.
Under Florida’s no-fault insurance laws, motorists who suffered injuries in an accident may receive compensation to pay their medical bills and lost wages from their own personal injury protection (PIP) policy—no matter who caused the crash. That means after a car crash, we would first turn to your own PIP policy for compensation.
In general, your PIP policy should provide:
- A portion of your medical care coverage up to set limits
- Coverage for a portion of your lost wages
In order to receive PIP payments, however, you must follow the state’s strict criteria. You must receive medical treatment within 14 days. If you do not have an emergency medical condition (EMC), you can only receive up to $2,500 in PIP benefits. However, if you receive an EMC diagnosis, you may recover up to $10,000.
We have extensive knowledge regarding these statutes. We can file your claim for insurance coverage and make sure you recover the maximum amount of PIP damages possible in your case.
In some cases, we also discover that clients who believe they can only file a PIP claim qualify to take legal action against the at-fault driver. This requires you to meet the state’s serious injury threshold by suffering a permanent injury, loss of an important bodily function, or another serious injury. If you qualify for a fault-based claim, you may be able to recover additional damages that include:
- Future medical bills
- Ongoing care costs
- Additional lost wages and benefits
- Diminished earning capacity
- Pain and suffering damages
During our initial consultation with a prospective client, we can often get a good idea of whether they may meet the serious injury threshold. If we believe they do, we will offer to review their relevant medical records to confirm and pursue compensation through a third-party liability insurance claim or a lawsuit against the at-fault motorist.
What Is the Average Settlement for a Car Accident?
There is no way of predicting how much your West Palm Beach car accident settlement might be because so many factors can affect how much you recover. If you suffered relatively minor injuries, the Florida no-fault law will limit you to only file a claim based on your PIP policy.
This would generally lead to a much smaller settlement covering fewer types of damages than if you are eligible to hold the at-fault driver liable for their negligent actions through a third-party liability insurance claim or personal injury lawsuit.
A claim based on your PIP policy will only pay out up to the limits of your policy—or significantly less under some circumstances. Damages may include:
- Medical care costs based on your policy limits
- A portion of your lost wages
A fault-based claim, however, could allow you to recover a much wider range of economic losses and expenses, such as:
- Past and future medical bills
- Ongoing care costs
- Past and future lost wages
- Out-of-pocket expenses
In addition, we calculate pain and suffering damages when we pursue fault-based compensation. This requires us to consider the monetary value of your noneconomic losses. We will gather evidence and work with medical experts and others to prove the severity of your injuries and how they affect your life today and in the future. Depending on the facts of your case, pain and suffering damages may be substantial.
We also have to consider any allegations of comparative fault and how they could reduce your settlement if we cannot provide a strong argument to disprove them. This could include:
- Claims you caused or contributed to causing the accident
- Accusations your injuries occurred in some other way besides the accident
- Allegations you did not follow doctors’ orders or otherwise did not do your best to fully recover from your injuries
This is all a necessary part of building a strong case. After we have a good understanding of fair value for your expenses and losses, we will pursue a just settlement by approaching the insurance company or taking other action to recover a payout. We can often reach a settlement agreement that compensates our clients fairly for both their economic and noneconomic losses when we file a third-party liability claim.
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What Damages Can I Collect for a Car Accident?
You are likely dealing with medical expenses for all the surgeries, medications, therapy, and other medical treatments you have undergone for your car accident injuries. In addition to medical costs, you may be losing money due to your inability to work during recovery. In some cases, accident victims are physically or mentally unable to return to their previous jobs and will be unable to earn their previous salary.
The damages from a car accident you recover from your insurer and the other driver in your accident can cover all of these expenses and more. Some of the most common damages recoverable in a West Palm Beach car accident case include:
- Past medical care costs and related expenses
- Future necessary medical care related to the accident and your injuries
- Ongoing care costs including therapy and rehabilitation, in-home care, assisted living care, or nursing home placement
- Past lost wages and benefits
- Future lost wages if you cannot yet return to work
- Diminished earning capacity if you cannot return to your previous job because of your injuries and lasting impairments
- Out-of-pocket costs related to your accident and injuries
- Pain and suffering and other noneconomic losses
- Wrongful death damages if a member of your immediate family passed away in a car accident in West Palm Beach
To prove your damages, we will collect your medical bills and receipts, as well as any documentation of assistive devices or caregiver services you now require. We will also look at your employment records and pay stubs to show how much income you have missed out on as a result of your injury.
We may also turn to experts who can estimate the amount of medical care you will need to pay for in the future and the overall impact your car crash will have on your career.
Pursuing Damages on Your Behalf After a West Palm Beach Car Accident
Once we identify the at-fault driver in your case and collect proof that their negligence caused your crash, we will file your personal injury claim with their insurer. This will give us the opportunity to attempt to negotiate a fair settlement agreement with the insurance company.
We can present the evidence of the damages that we gathered to the insurer. This will allow us to prove you deserve the payout we demand and show the insurance company that we have a strong enough case to file a lawsuit in civil court if necessary.
Can I Sue Someone Personally After a Car Accident?
Florida’s no-fault auto accident laws can make it more complicated to hold another motorist personally liable following an accident, but it is not impossible as long as you meet certain criteria. Our team will review your case and explain your legal options that could include:
- Filing a claim based on your PIP policy
- Filing a claim based on the at-fault driver’s auto liability policy
- Filing an injury lawsuit against the at-fault driver
Your PIP policy will cover medical expenses and lost wages, but what about noneconomic damages like pain and suffering? In many cases, accident victims also file insurance claims with the at-fault driver’s insurance company to recover additional damages.
You are only able to file a claim for additional damages if your injuries exceed the serious injury threshold requirement, however. This means that your injuries—or those of your loved one—must involve:
- Permanent injury;
- Significant loss of bodily function;
- Permanent scarring or disfigurement; or
If your injuries meet these criteria, we can help you file for additional damages from the responsible driver. We can often give you a preliminary answer after your free initial consultation with a member of our team. Then, we will request the relevant medical records to confirm.
With evidence to show you exceed the state’s serious injury threshold, you become eligible to pursue fault-based claims or to sue the negligent driver personally. It is not always necessary to file an injury lawsuit to hold the at-fault motorist liable, though. We can often file a third-party liability insurance claim based on the at-fault motorist’s auto liability insurance policy and negotiate an out-of-court settlement instead.
This process requires us to:
- Send a demand letter to the insurance company outlining our case and your damages
- Respond to the counteroffer and enter into settlement negotiations
- Aggressively fight for a fair payout that covers your accident-related damages
- Reach a fair out-of-court settlement with the insurance company or consider other options to recover the payout you deserve
If the insurance company refuses to offer a just settlement for your losses, we will not hesitate to take your case to court. In some cases, filing a lawsuit is enough to get the insurance company to increase its offer and agree to a fair settlement.
In other cases, we will need to take your case in front of a judge and jury and ask them to award you with compensation to cover your damages.
Will My Car Accident Lawyer Deal with the Insurance Companies for Me?
Yes, your car accident lawyer will deal with the insurance companies, representing your best interests and fighting for the payout you deserve. This may include your own personal injury protection (PIP) insurance carrier as well as the other driver’s auto liability policy provider.
When we review your case and determine you are eligible to pursue compensation in a fault-based claim, we will go to work building a case against the at-fault motorist.
Before we file for damages, we will need to establish that the other driver in your accident was negligent behind the wheel. Florida motorists must behave responsibly and in accordance with the law when driving. Motorists who disobey traffic laws or otherwise act recklessly may be guilty of negligence. If we can prove the other driver was negligent, we can hold them liable for your accident-related injuries. To prove negligence, we must establish the following.
Duty of Care: Since all drivers must act with care behind the wheel, courts will usually assume the other driver owed you a duty of care at the time of your car accident.
Breach of Duty: We will use traffic statutes, police reports, eyewitness testimony, photos or video surveillance of the scene, and accident reconstruction testimony to show the other driver violated the law in your case. We will collect as much evidence as necessary to prove that they behaved irresponsibly behind the wheel at the time of the accident.
Causation: Next, we need to show that the other driver’s breach of duty led to your car crash and resulting injuries. We will use expert testimony to prove how your accident occurred and can turn to medical professionals to explain what caused your injuries.
Damages: Finally, we will present medical records, pay stubs, and other documentation to show that you suffered real damages in the accident.
With the evidence we gather and the documentation of your expenses and losses, we can approach the liable driver’s insurance company and demand a just payout. We will handle all communication with them and will aggressively pursue an out-of-court settlement with the insurer that covers your damages.
If the insurance company refuses a fair settlement agreement, we may need to file a personal injury lawsuit and take the case to trial on your behalf. We will handle every step of this process. You worry about getting better. We take care of everything else.
How Long Does a Car Accident Claim Take to Settle?
Many factors affect how long it can take a West Palm Beach car accident case to settle. Some factors that may contribute to how long it takes to recover compensation in a car accident case include:
Obtaining Proof of Your Injuries: When we review a car accident case, we need to ensure the victim meets the state’s severe injury threshold as outlined in the Florida no-fault law. We can usually tell you if we believe you meet the criteria from the information you give us about your accident and your injuries.
However, we will need to obtain copies of your relevant medical records to confirm. We will request them from your care providers as soon as possible, but it can still take several weeks to receive them.
Gathering Evidence and Building a Case: We investigate every case we handle. This includes gathering evidence to prove the other driver acted negligently and is liable. We obtain copies of the accident report, survey the scene, interview witnesses, seek video of the accident if available, and call in experts to help us prove the case.
We also document your range of expenses and losses. In some cases, this may require us to wait until your injuries stabilize, and we have a better idea of your current care costs and future care needs. Medical expert witnesses can help us put a price on your ongoing and future care.
Negotiating With the Insurance Company: We can often reach an out-of-court settlement with the at-fault driver’s liability auto insurance provider in this type of case, but this requires us to aggressively negotiate a settlement on your behalf. How long this takes depends on the willingness of the company to provide a fair payout and many other factors.
Litigating Your Case If Necessary: Reaching a settlement agreement is almost always faster than taking a car accident case to trial, but that does not mean it is always the better option. If the insurance company refuses to agree to a fair settlement, we may need to litigate your case. Filing a lawsuit puts us at the mercy of the court’s calendar, and it could take several months to a year or more before we get a verdict in your case.
It is also important to note that Florida has a time limit on how long we have to file a lawsuit in this type of case, set by the statute of limitations. In general, the deadline in a West Palm Beach car accident case is four years from the date of the accident, although various factors can extend or shorten this time limit.
Do You Have to Go to Court for a Car Accident?
You do not always need to go to court for a car accident. If your case goes to trial, it is because we believe that is the best option for recovering the compensation you need for your accident-related losses and expenses. The Law Offices of Anidjar & Levine can represent you through the entire course of your case, including through litigation if it becomes necessary.
In general, there are three ways a case can play out after a West Palm Beach car accident:
- You suffered relatively minor injuries and can only pursue compensation through your PIP policy, recovering medical treatment costs and lost wages up to the limits allowed by law; or
- You meet the serious injury threshold and file a fault-based insurance claim based on the negligent driver’s liability automobile insurance coverage; or
- The at-fault driver’s insurer refuses to pay out a just settlement based on your damages, and we need to take your case to court.
As you can see, it depends on how the case plays out whether or not you have to go to court as a part of pursuing compensation in a West Palm Beach car accident case. At the Law Offices of Anidjar & Levine, we will always fight for your best interests. If this means we need to litigate your case to try to recover a fair payout, we will not hesitate to do so.
If we file a personal injury lawsuit on your behalf and your case goes to trial, you can count on us to:
- Answer and address your questions and concerns
- Explain what you can expect during each step of the proceedings
- Handle all pre-trial discovery and motions
- Represent you to the judge and jury in the courtroom
- Present a strong case on your behalf
- Present evidence the other driver acted negligently and is liable
- Document your accident-related expenses and losses at trial
- Fight for a payout that covers your damages
Our team goes the extra mile to provide legal support for every client, including representing them during every step of the process. If this includes litigation in your case, we will be by your side throughout the entire process.
What Happens if the At-Fault Party Doesn’t Have Car Insurance?
Florida law does not require drivers to carry bodily injury liability automobile insurance, so it is possible you could meet the state’s serious injury threshold and still not have a way to pursue compensation through a third-party insurance claim. The state does have a financial responsibility law, but the limits are low—no higher than a minimum PIP policy provides.
If this occurs in your case, we may be able to combine several types of first-party coverage to recover compensation to cover your expenses. This may include:
- A no-fault claim based on your PIP policy to provide compensation for your medical care and a portion of your lost wages up to the policy limits
- Collision coverage, if you carry it, to pay for repair or replacement of your vehicle
- Underinsured and uninsured motorist (UM) coverage, an optional policy, but one that will cover a wide range of damages following this type of accident, if you have it
If you do not carry these optional insurance policies, or if they do not cover your expenses and losses, we may be able to file a personal injury lawsuit against the at-fault driver. Recovering compensation in this type of case can prove difficult because most people who have the means to pay this type of expense out of pocket carry auto insurance or otherwise meet the terms of the state’s financial responsibility law.
Sometimes, we find a case where the driver has no insurance but has the assets to cover your damages or will likely have the money to pay for your losses in the near future. This allows us to build a strong case and possibly get a court judgment against the driver, holding them liable for their negligence and recovering the damages you need and deserve.
At the Law Offices of Anidjar & Levine, our team will help you explore and exercise your right to compensation following a West Palm Beach car accident. Even when it is difficult, or the case is complex, we will fight for the payout you deserve based on the facts of your case. Call 1-800-747-3733 today for your free case review.
The Law Firm of Anidjar & Levine Can Help You Recover Compensation.
If you are suffering from injuries after a car accident, you are not alone. The Law Firm of Anidjar & Levine is available to manage your claim against the parties responsible for your accident. If we are successful, you will recover compensation to help pay for your accident-related expenses.
Contact our staff today at 1- for a free consultation to find out more about what our attorneys can do for you.