A car accident is often a very traumatic event, and it can be difficult to know what to do in the aftermath. If you have been injured in a car accident, you may be wondering if you need a lawyer. Many people believe that they can handle the situation on their own, but this is often not the case. A West Palm Beach Personal Injury Lawyer can help you get the compensation you deserve for your injuries. Car accidents often result in serious injuries, and without legal representation, you may not be able to get the money you need to pay for medical bills, lost wages, and other expenses. For help with your claim, contact GOLDLAW to schedule a consultation.
The Most Common Causes of Car Accidents in Florida
According to the department of Florida Highway Safety and Motor Vehicles, there were almost 350,000 car accidents in Florida in 2020. So, what are the most common causes of car accidents in Florida?
1. Distracted Driving: This is by far the most common cause of car accidents in Florida. Distracted driving can include anything from talking on your phone to eating to changing the radio station. Basically, if you’re not focused on the task of driving, you’re guilty of distracted driving. And, when you’re not paying attention to driving and the vehicles around you, it’s only a matter of time before an accident happens.
2. Speeding: We’ve all been guilty of this one at one time or another, but there’s no denying that speeding is one of the leading causes of car accidents. When you’re speeding, you have less time to react, and you’re more likely to lose control of your vehicle.
3. DUI: Driving under the influence is never a good idea. Not only is it illegal, but it’s also incredibly dangerous. If you’re going to drink, make sure you have a designated driver. The last thing you want is to get behind the wheel while intoxicated and wind up getting into an accident.
4. Weather Conditions: Florida is known for its beautiful weather but driving conditions can become hazardous at times. When it rains or storms, visibility decreases, and roads can become slick. That’s why it’s always important to use extra caution when driving in bad weather conditions.
5. Road Rage: We’ve all been cut off by another driver or had someone tailgate us at some point. It’s easy to let your emotions get the best of you when this happens, but it’s important to remain calm and not let road rage take over. Getting into an altercation with another driver will only increase your chances of getting into an accident.
Why You Need an Attorney After a Florida Car Accident
Auto accidents are among the leading causes of personal injury in Florida. If you or a loved one has been involved in a car accident, speaking with an experienced personal injury lawyer as soon as possible is a good idea for the following reasons:
1. You May Be Entitled to More Compensation Than You Realize
After sustaining injuries in a car accident, many victims downplay their injuries or damages to avoid making a claim and potentially having their rates increase. However, what you may not realize is that you could be entitled to compensation for more than just your physical injuries and property damage. If your accident has caused you to miss work, incur medical bills, or experience pain and suffering, you may also be entitled to financial compensation for these damages.
2. The Insurance Company Is Not On Your Side
Insurance companies are businesses whose ultimate goal is to make a profit. As such, they will often try to minimize the amount of money they have to pay out for claims. They may do this by offering low settlements, denying claims outright, or dragging out the claims process to frustrate victims into giving up.
3. You May Need to Take Your Claim to Court
In some cases, taking your claim to court might be necessary to get the compensation you deserve. This could be because the insurance company has denied your claim or because they have made an unreasonably low settlement offer.
4. The Statute of Limitations Could Be looming
In Florida, the time limit for filing most car accident claims is now two years from the date of the accident. This may seem like a long time, but if you wait too long, important evidence, such as eyewitnesses and surveillance footage, can be more challenging to find. Consulting with a lawyer right away can make sure you’re able to build a strong case that is filed on time.
Florida’s No-Fault Car Insurance Laws
Florida is a “no-fault” state when it comes to car insurance. This means that an injured driver must turn to their own insurance company after an accident, even if they were not at fault. Under Florida law, every driver is required to carry personal injury protection (PIP) insurance in the amount of $10,000. PIP coverage pays for the policyholder’s medical bills and lost wages, up to a maximum of $10,000, regardless of who is at fault for the accident.
In addition to PIP insurance, drivers in Florida are also required to carry property damage liability (PDL) insurance. PDL insurance covers damages to another person’s property, such as their car, that is caused by the policyholder. In Florida, all drivers must carry a minimum of $10,000 in property damage liability. This means the other driver – the one who caused your accident and injuries – will be responsible for paying for your property damage.
If your injuries are severe and/or permanent – and therefore incredibly costly – you may decide that you need to file a personal injury claim to recoup your costs and hold the other driver accountable.
If you have been involved in a car accident in Florida, it is important to understand your rights and responsibilities under the state’s no-fault laws. One of GOLDLAW’s experienced personal injury lawyers can help you navigate the legal process and ensure that you receive the compensation you deserve.
Pure Comparative Negligence in Florida Car Accident Claims
If you’ve been in a car accident and were partially at fault, you can still recover damages from the other driver because Florida follows a pure comparative negligence standard for car accident claims. This means that each party involved in the accident will be assigned a percentage of fault, and the party awarded damages can recover the percentage the defendant is responsible for.
For example, Party A sues Party B. Party A is found to be 10% at fault, and Party B is 90% at-fault. Party A can recover 90 percent of the awarded damages. In other words, if Party A suffers $100,000 in damages, they can recover $90,000 from Party B because that is the extent of Party B’s liability. Even if Party A were 90 percent at fault, they could still recover 10 percent of the damages.
A Step-by-Step Guide to Filing a Car Accident Lawsuit in Florida
If you’ve been involved in a car accident in Florida, you may be wondering how to go about filing a lawsuit. The process can be complex, but GOLDLAW is here to help. Here’s a step-by-step guide to filing a car accident lawsuit in Florida:
- Gather evidence. This includes taking photos/video of the accident scene, getting the contact information of any witnesses, and collecting police reports.
- Seek medical attention. Even if you don’t think you’ve been injured, it’s important to get checked out by a doctor as soon as possible. Keep track of your medical expenses and follow all instructions from your doctor.
- Hire a personal injury lawyer. Make sure you consult with a personal injury lawyer as soon as possible so they can help build your case.
- File a claim with your insurance company. This can be a long and frustrating process, so it’s important to have a lawyer’s help for this as well.
- File a lawsuit. If the other driver’s insurance company is unwilling to give you a fair settlement, your next step is to file a lawsuit in court.
- Go to trial. This is generally a last resort, but if both sides can’t come to an agreement, your case will go to trial and a judge or jury will decide how much you should receive in damages.
GOLDLAW knows that the process of filing a car accident lawsuit can be daunting, but we’re here to help you every step of the way.
Hire GOLDLAW For Your Car Accident Claims
A car accident can be a devastating experience, so it’s essential to know your rights and what actions you need to take to protect yourself both physically and legally. GOLDLAW is here to help.
- We have the financial resources smaller firms don’t, allowing us to battle the insurance industry.
- We have experienced, board-certified lawyers that handle ONLY personal injury cases.
- We have served the legal needs and supported the West Palm Beach community for over 20 years. We live here, and are locally owned and operated. GOLDLAW truly cares about your well-being.
If you or someone you love has been injured in a car accident, contact GOLDLAW today to schedule a free consultation with one of our experienced personal injury lawyers.