The Florida Department of Highway Safety and Motor Vehicles states that over 400,000 car accidents happen in Florida each year. More than 166,000 of these car accidents involve personal injuries. Car accidents are an unfortunate, but common, occurrence, and they can often lead to both physical and financial challenges.
If you or a loved one sustained injuries in an Ocoee car accident, call the Law Offices of Anidjar & Levine at 1 (800) 747-3733 for a free case evaluation. We can help you understand your legal rights.
Car Accident Law in Florida
Florida has laws that directly affect your rights if you were in a car accident. An Ocoee car accident lawyer can help you understand these laws and how they may affect your legal case.
The state of Florida is one of just a handful of states that is a “no-fault” state. This means that drivers must maintain a minimum of $10,000 in personal injury protection insurance (PIP), along with $10,000 in property damage liability (PDL).
In many cases, you will need to file a claim under your own insurance to obtain compensation for any financial losses or medical bills stemming from the car accident. However, certain situations will allow you to bring a claim against the driver who was at-fault in the car accident. Your car accident lawyer can help walk you through your options, given the specific circumstances of your accident and resulting injuries.
Florida Statute section 768.81 indicates that Florida follows a “pure comparative fault” rule for car accidents when both drivers share a portion of the blame for the car accident. This means that you can still pursue compensation for your injuries even if you were partially responsible for the accident.
For example, if you were 20% at fault for your accident, Florida law protects your right to recover the remaining 80% of your damages. Do not let the fact that Florida follows this law deter you from pursuing a lawsuit for the compensation owed to you.
An Ocoee car accident lawyer from the Law Offices of Anidjar & Levine can help you navigate these complicated legal matters, determine your just compensation, and help you understand your rights.
Florida Statute of Limitations
A “statute of limitations” refers to a law that limits your time to file a lawsuit. If you miss this deadline, Florida courts may dismiss your case on that basis alone.
There are different statutes of limitation laws regarding car accidents. Some of these statutes apply to the time frame you have to seek medical treatment for any injuries sustained from the car accident to be eligible to file a PIP claim. Other statutes of limitation laws involve the amount of time you have to file a lawsuit regarding the car accident.
According to Florida Statute section 95.11(3)(a), if you or a loved one suffered injuries in a car accident, you must file your lawsuit within four years of the date of the accident. Your Ocoee car accident lawyer can help you understand the deadlines that apply to your case and file the necessary paperwork within the required timeframe.
Action Plan After a Car Accident
If you are in a car accident, these are the steps we recommend that you take for your safety, health, and legal rights:
File a Police Report
Florida Statutes section 316.065 requires those involved in a car accident that resulted in any injury, death, or damage to property estimated to be over $500 to report the accident to the appropriate police department.
Contacting the police immediately after the car accident will also allow the police to make a full report as an independent third party. The police may also interview witnesses and preserve evidence, all of which could be useful in demonstrating the facts of your case later.
Seek Medical Attention
Your health and safety are of paramount importance. In many cases, contacting the police immediately after a car accident will also automatically send an ambulance to the scene. This prompt medical evaluation by a medical professional can prove significant to your legal case.
If you do not receive immediate medical attention at the scene of the car accident, it is vital that you seek medical attention as soon as possible. This is extremely important for your health, as many injuries are not readily apparent and could otherwise go undiagnosed until much later. Be sure to also document any additional symptoms or follow-up visits. This will help connect the full range of your injuries to your accident.
Although the police officer will make a report, do your best to document as much as possible of the car accident, as well:
- Exchange information with all parties involved in the accident.
- Obtain witness contact information, and statements, if possible.
- Take photographs of the car accident from every possible angle, if possible.
- Take photographs of your injuries.
- Keep documentation of anything that pertains to the car accident such as medical bills, doctor’s notes, lost wages, etc.
- Keep a diary of your physical and mental symptoms.
This documentation will prove useful to your attorney when it comes time to file a lawsuit regarding your car accident.
Contact an Attorney
If you have suffered injuries due to a car accident in Florida, one of the most important items in your action plan should be to contact a car accident lawyer. Statutes of limitations in Florida law governing car accidents are strict, and it is important to ensure that you do not lose your ability to file a lawsuit because of a missed deadline.
The laws governing car accidents in Florida are complex and challenging to navigate without legal assistance. An Ocoee car accident lawyer with the Law Offices of Anidjar & Levine will help you understand your legal rights and fight for the compensation you deserve. Call us today at 1 (800) 747-3733 for your free consultation and to find out how our legal team can help you.