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Home > Florida Personal Injury Lawyer > Florida Car Accident Lawyer

Florida Car Accident Lawyer

Florida Car Accident LawyerNo one expects to be involved in a serious car accident. Suddenly, you’re facing astronomical medical bills and lost paychecks as you recover from serious injuries. You may expect that auto insurance will simply cover your costs of the accident. However, this is not always the case. In this situation, it is easy to become frustrated, and it is only natural to wonder about your legal rights as a car accident victim.

If you want to learn more about your legal rights and options after a crash, please call the Florida car accident attorneys at Meldon Law to discuss your situation today. You can also reach us online by filling out our contact form.

In Florida, You Have the Right to Compensation for Your Car Accident Injuries

Car accidents can cause catastrophic injuries. You shouldn’t be left paying for injuries that someone else caused. Our team will fight for compensation for every dollar the accident has cost you. We’ll also fight for your losses that don’t have a standard dollar amount.

Economic Damages

Your recoverable economic damages might include:

  • Medical expenses: This could include emergency transport, hospitalization, surgeries, prescription medications, and assistive devices. If you will need future care, we will also demand compensation for that. For example, if your doctor says you will need physical therapy twice a month for the rest of your life, those costs are recoverable.
  • Lost wages: If you need to take time off work to recover or attend doctor’s appointments, the wages you lost are compensable.
  • Lost earning capacity: If your injuries require you to work fewer hours, take a lower-paying job, or retire from the workforce, you can recover any change in salary or income loss.
  • Miscellaneous expenses: Any accident-related costs or expenses you paid out of pocket, such as the costs of renovating your home to accommodate a wheelchair or hiring someone to care for your child, help around the house, or do yard work, are recoverable.
  • Property damage: If your vehicle is damaged or totaled, we will demand compensation for that expense.

Non-Economic Damages

Your non-economic damages could include:

  • Pain and suffering
  • Inconvenience
  • Mental anguish
  • Disfigurement
  • Lost enjoyment of life

Wrongful Death Damages

If you lost a loved one in a car accident, we know that no amount of money will make things right. However, it can give you the space you need to grieve without worrying about how you’ll cover your new expenses and losses. We can file a wrongful death claim and demand compensation for:

  • Funeral and burial expenses
  • Medical expenses
  • Future lost wages
  • Pain and suffering

Our team has recovered millions of dollars for previous clients. We want to help you fight for the compensation you deserve, too.

The Average Settlement for a Florida Car Accident Claim

There’s no single “average” settlement for Florida car accidents, as each case is unique and settlements vary widely based on the specific circumstances. The settlement amount is primarily determined by the overall accident-related damages you incur, with more serious injuries typically leading to higher damages and higher settlements or court awards. 

Cases with the potential for long-term or permanent disability also often have higher settlements due to the need for ongoing medical treatment, care, and rehabilitation. The longer period of pain and suffering involved with catastrophic injuries can also lead to higher non-economic damages. 

What will the settlement be worth in your Florida car accident claim? The only way to know for sure is to talk to a personal injury lawyer who can examine the details of your case and give a more accurate estimate of its value.

Meldon Law Attorneys Negotiate With Insurance For You

When you file a car accident claim, you may be shocked to receive a denial or an inadequate settlement offer. The truth is that insurance companies are concerned about their profits like any other business, and insurance adjusters are often trained to limit liability whenever possible.  For this reason, it is wise to seek assistance from a Florida personal injury attorney when negotiating with insurance companies.

An attorney can help you compose a persuasive demand letter and compile evidence to submit to support your personal injury claim. Our team will also carefully review any settlement offers from the at-fault party’s insurance company to ensure they are adequate before you accept them.

If you accept an offer, you lose your right to pursue any additional compensation for your injuries, so it is critical to make sure a settlement is enough to cover your losses before accepting.

Your Right to File a Claim After a Car Accident Under Florida Law

You will likely first turn to your own insurer for coverage after an accident. However, if your losses are extensive, it is unlikely that your policy will cover much of your losses. Florida law allows you to file a claim with another driver’s insurance company if their negligence caused the accident. Some examples of negligence that can lead to a car accident include the following:

  • Distracted driving
  • Drunk driving
  • Aggressive or reckless driving
  • Violating traffic regulations
  • Defective car parts
  • Dangerous roadways

There are many other negligent acts that can lead to a collision, and your car accident attorney can help you identify whether negligence played a part in your accident. If so, you can seek compensation from the negligent party for all your losses.

Who You Can Hold Liable in a Florida Car Accident Lawsuit

In a Florida car accident lawsuit, you can potentially hold several parties liable, depending on the specific circumstances of the accident. Here are the main parties who could be held responsible:

  • Other drivers: The most common liable party is another driver who caused the accident through negligence, recklessness, or violation of traffic laws.
  • Vehicle owners: In Florida, vehicle owners can be held liable for accidents caused by someone driving their car with their permission, under the “dangerous instrumentality doctrine.”
  • Employers: If the at-fault driver was operating a vehicle for work purposes, their employer might be held liable under the principle of vicarious liability.
  • Vehicle manufacturers: If a defective vehicle part contributed to the accident, the manufacturer could be held responsible.
  • Government entities: If poor road design or maintenance contributed to the accident, the responsible government agency might be liable.
  • Bars or restaurants: Under Florida’s “dram shop” law, establishments that serve alcohol to visibly intoxicated persons or minors who then cause an accident may be held partially responsible.
  • Construction companies: If road construction contributed to the accident, the company responsible for the work might be liable.
  • Parts manufacturers: If a defective aftermarket part contributed to the accident, its manufacturer could be held responsible.
  • Mechanics or repair shops: If faulty repairs led to the accident, the shop that performed the work might be liable.

An experienced car accident attorney can help identify all potentially liable parties in your specific case. It’s important to note that Florida follows a “pure comparative negligence” rule. How can this affect your claim’s value?

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How Florida’s Pure Comparative Negligence Rule Can Affect Your Case’s Value

Florida’s pure comparative negligence rule can significantly impact the value of your car accident case. Under this system, each party involved in an accident is assigned a percentage of fault, and any compensation awarded is reduced by the plaintiff’s percentage of fault. For example, if you’re found to be 30% at fault for an accident and your total damages are $100,000, you would only be able to recover 70% of that amount, or $70,000. This means that even if you bear some responsibility for the accident, you can still recover damages, but your recovery will be proportionately reduced.

This rule can affect your case’s value in several ways:

  • First, it incentivizes the defense to try to shift as much blame as possible onto you to reduce their liability. They may argue that you were speeding, distracted, or violated traffic laws in some way. 
  • Second, it can complicate settlement negotiations, as both sides must agree on the appropriate allocation of fault. 
  • Third, it can impact the strategy of your case, as your attorney may need to focus on minimizing your perceived fault while maximizing the other party’s responsibility. 

Understanding this rule is crucial, as it underscores the importance of gathering strong evidence to support your version of events and minimize your assigned percentage of fault, thereby maximizing your potential compensation.

Stay Off of Social Media During Your Florida Car Accident Claim

Staying off social media during a car accident lawsuit is crucial for protecting your case and potential compensation. Insurance companies and defense attorneys often monitor plaintiffs’ social media accounts for any information that could be used to discredit their claims or reduce the perceived severity of their injuries. 

Even seemingly innocent posts, such as photos of you engaging in physical activities or attending social events, could be misconstrued as evidence that your injuries are less severe than claimed. Additionally, comments about the accident, your physical condition, or the ongoing legal proceedings could be taken out of context and used against you in court.

Maintaining social media silence helps preserve the integrity of your case. Anything you post becomes part of the public record and may be admissible as evidence in court. Even if your accounts are set to private, courts may still grant access to the opposing party. Abstaining from social media also prevents you from accidentally contradicting statements made in your claim or deposition, which could damage your credibility. 

By refraining from social media activity, you eliminate the risk of inadvertently providing information that could be detrimental to your case, allowing your attorney to maintain control over the narrative and present your case in the most favorable light possible.

The Florida Car Accident Lawyers at Meldon Law Are Here for You

Selecting a personal injury lawyer to represent your rights after a car accident can be a confusing process. After all, you have many options and may not know what to look for in a law firm. Some of the qualities you should look for include:

  • Experience successfully handling car accident cases
  • A willingness to explore all options to obtain compensation for you, including trial
  • Personalized attention in your case
  • A willingness to communicate with you regarding new developments in your case
  • An understanding of the types of injuries you have sustained

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Florida Car Accident FAQs

The aftermath of a car accident is an uncertain time. Our Florida car accident lawyers can help. Here are a few questions our attorneys frequently get:

What Is My Car Accident Case Worth?

What your accident claim is worth depends on the circumstances of your accident. As said earlier, you can recover compensation for any economic or non-economic damages related to your accident. However, certain factors will affect how much you recover, including:

  • The severity of your injuries
  • How long your injuries affect you
  • Your profession/the wages you will lose
  • Whether you are able to go back to work
  • Your age (Typically, the closer you are to retirement, the less you’ll receive in lost wages.)
  • How much pain your injuries cause you

Our team will investigate your accident and injuries to determine what your case may be worth.

Should I Accept the Insurance Company’s Car Accident Settlement Offer?

You’ll need to speak with your insurance company and at-fault driver’s insurance company, but you want to be careful what you say. While you might think your insurance company is on your side, they aren’t. They’re a business and want to pay out as little as possible. This means they may be looking for ways to pay you less than your policy limits.

When you speak with the at-fault party’s insurance company, you can be sure they’re looking for reasons to deny your claim. The insurance adjuster may ask you for a recorded statement. This is a trick that will allow them to ask you leading questions, where you might admit fault or tell the insurer that you’re uninjured.

If the insurance adjuster asks for a recorded statement, politely decline and direct any questions to your auto accident attorney. Our lawyers will handle all communication with the negligent driver’s insurer company and any other involved parties.

Should I Accept the Insurance Company’s Offer?

You should never accept the insurance company’s offer without running it by our attorneys first. The offer is likely much less than you deserve for several reasons:

  • You likely don’t know the total value of your case or even your injury prognosis at this point.
  • The insurer is betting that you’ll take what you can get as your bills and expenses pile up.
  • The insurer is likely assuming you don’t know that you can negotiate for more money.

If you receive a settlement offer, let us review it. We’ll determine whether it’s fair. If not, we’ll negotiate for what you deserve.

How Can I Help With My Car Accident Case?

Our car accident lawyers will handle the legal aspects of your case, but there are a few things you can do to protect yourself and your case:

  • Get medical care and obey your doctor’s orders. If you stop your medical care or skip appointments, you give the insurer a reason to deny or devalue your claim.
  • Get a copy of the accident report. If anything looks wrong, let us know, and we can have the police correct it.
  • Avoid social media. Anything you post can be used against you.
  • Keep copies of your medical records, receipts, invoices, and bills. This will help us determine a value for your damages.
  • Keep a pain journal. Write down how your injuries affect you each day.

What Injuries Can I Recover Compensation for in a Car Accident Claim?

We can help you fight for compensation for any type of serious or catastrophic injuries, including:

  • Traumatic brain injuries
  • Spinal cord injuries
  • Lacerations
  • Amputations
  • Crush injuries
  • Internal injuries
  • Internal bleeding
  • Permanent injuries

Can I Afford a Florida Car Accident Lawyer?

Yes. Our team handles injury cases on a contingency-fee basis, which means you pay no retainer or upfront fees. We also offer free consultations, which means you don’t have more out-of-pocket expenses to contend with.

There is no financial risk when you work with our team.

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Don’t Talk to the At-Fault Party’s Insurance Company During a Florida Car Accident Claim

You have the legal right to handle all communications with the defendant’s insurance company during the claims process. However, if you have hired an injury attorney, it’s generally advisable to let your Florida car accident lawyer do the talking after a car accident caused by someone else’s negligence for several reasons:

  • Legal expertise: Lawyers are trained in relevant laws and regulations. We understand the nuances of liability and can present your case in the most favorable light.
  • Avoiding self-incrimination: You might inadvertently say something that could be used against you later. We know what information to share and what to withhold.
  • Dealing with insurance companies: Insurance adjusters are skilled at minimizing payouts. We can navigate these conversations more effectively, protecting your interests.
  • Preserving evidence: We know what evidence is crucial and how to properly document and present it.
  • Negotiation skills: We are experienced negotiators who can often secure better settlements than individuals representing themselves.
  • Emotional detachment: After an accident, you may be stressed or emotional. We can approach the situation objectively, making rational decisions on your behalf.
  • Understanding of damages: We can help ensure you seek compensation for all applicable damages, including some you might not have considered.
  • Statute of limitations: We will be aware of important deadlines and ensure all necessary actions are taken within the required timeframe.
  • Reducing stress: Letting us handle communications can alleviate the burden on you, allowing you to focus on recovery.
  • Potential for litigation: If the case goes to court, having a lawyer who’s been involved from the start is advantageous.

A Florida Car Accident Lawyer Can Take the Burden Off of You

A car accident lawyer in Florida can significantly alleviate your burden during the claims process by taking on the complex and time-consuming tasks associated with your case. We handle all communications with insurance companies, gather and organize necessary documentation, and manage the paperwork involved in filing your claim. 

This includes collecting police reports, medical records, and witness statements, as well as dealing with any disputes or negotiations that arise. By shouldering these responsibilities, your attorney allows you to avoid the stress and frustration often associated with navigating the claims process, giving you the space to concentrate on your physical and emotional recovery.

We also serve as your advocate throughout the entire process, ensuring your rights are protected and your interests are represented. This comprehensive support provides you with peace of mind, knowing that a professional is managing the legal aspects of your situation while you focus on healing and returning to your normal life.

Speak with a Florida Car Accident Attorney Now

When you call Meldon Law, you will speak directly with one of our Florida car accident attorneys. We have assisted countless Florida motor vehicle accident victims and will always use all of our energy and resources to obtain fair compensation for you.

If you have been involved in a serious automobile accident, please call our Florida car accident attorneys today for help. We have offices in Gainesville, Ocala, Lake City, and Fort Lauderdale.

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