When you and an uninsured motorist get in an accident, you need to know that you do have legal options for seeking compensation. Florida has a complex set of regulations that apply to automobile accident liability, but help from a legal team might allow you to file a lawsuit against an uninsured motorist and recover financially for your damages.
Contact an uninsured motorist accident lawyer in West Palm Beach, Florida today to discuss your legal options. Call 1-800-747-3733 to schedule a free consultation. The Law Offices of Anidjar & Levine does not collect any attorney fees unless you receive a payout from your case.
After an Accident in West Palm Beach, Florida
We handle accounts involving uninsured motorists differently than other accidents. Florida law could restrict your legal options depending on what type of insurance coverage you have, the severity of injuries and the financial standing of the other driver.
Florida Insurance Laws
Florida’s no-fault laws apply to most minor car accidents. Drivers must carry a personal injury protection (PIP) policy that covers medical expenses and some other damages, regardless of who is at-fault for an accident.
Florida also requires drivers to carry liability insurance. Liability policies may apply when a driver negligently harms another person. If your injuries are serious and require costs beyond what your PIP policy will cover, you may need to file a claim against the other driver’s liability insurance company.
Unfortunately, some drivers break the law and drive without liability insurance. If you carry uninsured or underinsured motorist coverage, you may be able to file a claim against your own insurance company in these cases.
Exceptions to No-Fault Laws
PIP plans are effective at covering minor injuries without regard for who is at-fault for an accident. But for serious injuries, Florida law permits drivers to seek damages from a negligent party. The exception to the no-fault rule applies to damages related to any of the following injuries:
- Significant and permanent loss of an essential bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
- Death of a loved one
You may be wondering whether your injuries satisfy these legal requirements. Call us at 1-800-747-3733 to set up a free case evaluation where we can discuss your injuries in detail.
Financial Standing of the Other Party
In some cases, your best option will be to file a personal injury lawsuit directly against the uninsured motorist. Whether this is a good option will depend in large part on the financial solvency of the other driver.
If the other driver does not have the financial resources to satisfy a potential judgment, it may not be worth it to pursue litigation. Carefully consider the costs of litigating a case versus the potential benefits of winning or negotiating a settlement.
Our attorneys represent personal injury cases on a contingency basis. We will discuss the financial standing of the other party before deciding whether litigation is your best option.
Recoverable Damages from a Florida Automobile Accident
If we determine that your damages are related to bodily injury or death, we can seek compensation for many different types of damages. We can pursue compensation for your medical bills, but also for:
- Prescription drug expenses
- Physical therapy appointments
- Wheelchairs and other necessary equipment
- Lost wages
- Loss of earning capacity
- Mental and emotional pain, suffering, and anguish
- Pain and suffering
For some of these damages, you will need proof of your expenses. Keep track of your receipts, invoices, and medical bills that are related to your accident.
The Personal Injury Lawsuit Process
During an initial consultation, we will listen to your story about the facts surrounding the accident. We will need to research and investigate thoroughly before we decide to take your case and pursue litigation.
If you have severe injuries and significant damages, we will look into the possibility of bringing a lawsuit against either your own insurance company or the other driver. Once we determine that litigation is a viable option, we will file a legal complaint and wait for a response from the other party.
Sometimes these cases involve a settlement before we get deep into the lawsuit. In other cases, we go to trial to seek the maximum possible recovery.
Consult with a West Palm Beach Personal Injury Attorney
Call our law firm at 1-800-747-3733 to schedule your free consultation with one of our personal injury attorneys. You may have a limited time to file a lawsuit and seek compensation, so get legal advice as soon as possible after your accident.
The Law Offices of Anidjar & Levine handles personal injury cases at several office locations throughout Florida. If you were the victim of an accident, we can to help you seek compensation for your injuries.