If you have been in a car accident in West Palm Beach, a lawyer at the Law Firm of Anidjar & Levine can help you recover the compensation you deserve to get 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.
Will My Insurance Policy Cover My Damages?
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 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.
Can I File for Additional Damages?
Your PIP policy will cover medical expenses and lost wages, but what about non-economic 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.
What Damages Can I Recover After a Car Crash?
You are likely dealing with medical expenses for all the surgeries, medications, therapy, and other medical treatments you have undergone to treat 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 your recover from your insurer and the other driver in your accident can cover all of these expenses and more.
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.
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.
How Can a Lawyer Prove Negligence?
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.
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.
Finally, we will present medical records, pay stubs, and other documentation to show that you suffered real damages in the accident.
Do I Need a Lawyer to File My Claim?
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 own 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.
It is essential that you contact 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.
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 800-747-3733 for a free consultation to find out more about what our attorneys can do for you.