How to Sue After a Car Accident in Florida
Depending on your car accident, your injuries and losses could be quite serious. Though most cases can be resolved without an attorney, if you are suffering from serious injuries that have kept you out of work, you may want to discuss suing the at-fault driver with an accident attorney. Be advised that you can sue for your damages after a car accident in Florida, but your case must meet certain conditions, and you run the risk of losing any compensation in your case.
A Florida car accident lawyer can review your case and explain the benefits of pursuing either a negotiated settlement from the insurance companies or a court award through a trial. In the following blog, we will discuss your insurance coverage, the conditions that allow you to sue in a car accident, and the factors that can influence your compensation.
Florida Drivers Must Carry Person Injury Protection
Before you can file a lawsuit against the negligent party in your auto accident, you can file a personal injury claim with your own insurance company. All registered drivers in Florida must carry a personal injury protection (PIP) policy, per Florida Statutes § 627.736. You must also carry property damage liability (PDL). The minimum coverage values on these policies are $10,000 in PIP and $10,000 in PDL.
Your PIP policy will cover the following:
- Medical Expenses: PIP covers 80% of your necessary medical costs up to the policy limit. This coverage includes hospital bills, surgeries, medications, rehabilitation, and therapies.
- Lost Income: PIP will cover 60% of your lost wages while you recover from your injuries up to the policy limit.
- Death Benefits: PIP will pay $5,000 to the decedent’s family. This benefit is in addition to any medical debt and lost income that PIP should cover.
It is also possible that PIP will cover household services up to the policy limits. Ultimately, PIP coverage allows injury victims access to medical care and lost income immediately.
When Injuries Exceed Your PIP Coverage
If your injuries reach what is referred to as the serious injury threshold, you may pursue a personal injury lawsuit outside of your PIP coverage. Serious injury is defined under Florida Statutes § 627.737. It is listed as any injury that meets the following criteria:
- Loss of an important bodily function
- Disability, such as the loss of a limb or sense
- Disfigurement and scarring
- Death
If your case meets any of these conditions, you could file a lawsuit against the at-fault party in your case, but there are still some things to consider.
How Degree of Fault Could Influence Your Compensation
You may have grounds to sue, but there are other obstacles that could affect the compensation available to you. Under Florida’s modified comparative negligence statute, Florida Statutes § 768.81, if you are found to be greater than 50 percent at fault in your accident, you may not collect compensation.
Insurance companies are well aware of this law, and their attorneys may try to place a greater degree of blame on you for your injuries. A car accident attorney can protect you from these accusations, but there is always a risk that their efforts could fail during a trial.
When the At-Fault Party Has No Financial Resources
To be blunt, what happens if the at-fault party does not have sufficient insurance coverage or personal funds for your expenses? You still have some options. If you have one, you may collect on an uninsured/underinsured policy to help cover additional expenses. You can use your own health insurance policy to cover medical expenses exceeding your PIP.
If you can sue and you do win, you could file wage garnishments or liens against their property to collect on the judgment. You may even qualify to collect compensation from the Bureau of Victim Compensation, which provides compensation for those injured in a crime.
Consult With a Car Accident Attorney Before You Decide
You should discuss your Florida car accident case with a personal injury attorney before you decide on anything. Most personal injury law firms offer a free case consultation so that you can explain what happened, your injuries and goals, and ask any questions. They can review your information and build a case for compensation. Here’s the basics of what they would do:
Investigation of the Car Accident
Your attorney will investigate your accident and collect evidence. Evidence often includes such items as:
- Police reports
- Photographs and videos
- Witness statements
- Medical records
They may also discuss your case with experts to determine your prognosis and possible future financial stability.
The evidence collected is used to prove negligence. Lawyers often present negligence in four elements:
- Duty of care
- Breach of duty
- Causation
- Damages
Once the fault, liability, cause, and damages are established, your lawyer will submit complaints and claims with the evidence collected to initiate the legal process.
Negotiations for Fair Compensation
Your lawyer will handle all communications with the insurance companies. They know the tactics the insurers’ lawyers will use to reduce or deny claims. They will fight for a fair settlement that reflects your losses.
Filing a Lawsuit
Most cases are settled out of court, but if negotiations fail, your personal injury attorney can take your demands to court. Your lawyer will:
- File the complaint in the appropriate court
- Serve the defendants
- Interrogate witnesses and request documentation during the discovery phase
- Handle any motions to dismiss or summary judgments
Your attorney will represent you throughout the legal process, fighting to secure your fair compensation. They will also leave the option for further negotiations open to the opposing party.
Your Car Accident Lawsuit in Florida Has a Statutory Deadline
For your case to go to trial, you must file your lawsuit before the statute of limitations expires. Under Florida Statutes § 95.11, you generally have two years from the date of the accident to file a lawsuit. If a loved one died, your family has two years, but the deadline begins on the day the loved one died.
There are exceptions to these deadlines, and your attorney can explain which exceptions may apply to your case.
Call Meldon Law About Your Car Accident Lawsuit in Florida
At Meldon Law, we want you to know that we will not back down from the insurance companies and their lawyers in your case. We are with you throughout the legal process to get you the fair compensation you and your family deserve.
Call us today for a free case consultation. We are ready to take on your fight like it was our own.
