If you got hurt in a collision, a Tampa car accident lawyer can help you pursue compensation for your losses. Call the Law Offices of Anidjar & Levine at 1-800-747-3733 today to get a free consultation. We do not charge upfront legal fees to handle car accident cases. Our legal fees come out of the settlement or award.
How Florida’s No-Fault Laws Can Affect Your Car Accident Claim
Florida follows a no-fault insurance rule, which means that for a small crash, you usually only make a claim against your automobile insurance policy. Florida law requires all drivers to have personal injury protection (PIP) coverage.
If you suffered significant injuries, there is a way that you can sue the negligent person for your losses. You have to satisfy the “permanent injury threshold” to seek additional damages beyond the no-fault coverage.
You can sue the owner, registrant, driver, or passenger of the motor vehicle in Florida if the ownership, maintenance, or operation of a motor vehicle leads to a severe injury. Our team can help you determine if your injuries qualify.
How a Tampa Car Accident Attorney Can Help with Your Injury Claim
Dealing with multiple insurance policies, meaning your PIP coverage and the at-fault driver’s liability insurance, can be perplexing. A Tampa car accident lawyer can sort through the coverage options and develop a plan for maximizing the amount of possible recovery. Most people are afraid of taking on one insurance company without a lawyer to help, much less two or more insurance carriers.
Florida law does not require you to have a lawyer help you with your claim, but it can be a good idea to do so. A lawyer can protect you from the insurance adjuster’s tactics. Realize that the insurance company is not in business to help you. These companies exist to make a profit, and the less they pay out in claims, the more money they make.
The Elements of Negligence
Florida law requires that we prove all of these factors before we can hold someone responsible for your losses:
The Other Driver Owed You a Duty of Care
Everyone who operates a motor vehicle on the streets owes a legal duty of care toward anyone whom they could harm with the vehicle. All drivers must obey the laws and drive cautiously.
Breach of Duty of Care
Negligence is when someone fails to live up to their legal duty of care. Let’s say that the crash happened because the defendant was driving in a rainstorm on bald tires. When the traffic light changed, they were unable to stop their car because of the lack of tread on the tires. They skidded through the intersection, striking the side of your car. The failure to keep their car properly maintained was negligence.
We can use an accident report to prove negligence in many cases.
The negligence must be the thing that caused the accident and your injuries. Driving on bald tires in a storm is negligent. That negligence caused the defendant to crash into your car. This satisfies the causation element for liability.
Damages for a Tampa Car Accident
Car accidents are personal injury claims, so you can be eligible for the same types of compensation as a person could get in any other personal injury case. How much you can recover will depend on the facts of your case. Every situation is different. Typical damages for car accidents can include:
- Medical expenses, the reasonable cost of care you needed to treat your injuries. This category can include things like the ambulance, emergency room or trauma center, hospital, surgery, doctors, imaging service like x-rays, lab work, diagnostic procedures, prescription drugs, and physical therapy.
- Rehabilitation center, if you had to go to a specialized care facility because of severe injuries.
- Long-term care, if you need daily assistance with medical treatments and personal care because of your injuries.
- Lost wages, to replace the money you did not get paid in wages, salary, self-employment, or other income because of your injuries and recuperation time.
- Diminished earning capacity, if your injuries leave you unable to make as much money as you could before the car accident.
- Disability, if you can no longer support yourself through gainful employment because of your injuries.
- Property damage, to repair or replace your vehicle and personal items damaged in the crash.
- Pain and suffering, to compensate you for the physical discomfort and mental distress you experienced.
- Other noneconomic losses, like disfigurement, post-traumatic stress disorder (PTSD), loss of enjoyment of life, and a spouse’s claim for loss of consortium.
How to Get Help with Your Tampa Car Accident Case
If you got hurt in a crash, a Tampa car accident lawyer can help you go after the damages that resulted from someone else’s carelessness. We handle vehicle accidents involving cars, trucks, motorcycles, buses, pedestrians, bicycles, and more.