Car accidents are often an incredibly traumatic experience. Not only are they physically and emotionally devastating, but they can also lead to significant financial problems. If you or someone you love has been involved in a car accident, it’s vital to seek legal help as soon as possible. An experienced car accident lawyer can investigate the accident and help you recover the compensation you deserve. Contact the Port St. Lucie personal injury lawyers at GOLDLAW for assistance.
Why You Should Hire GOLDLAW For Your Florida Car Accident Claim
When choosing a personal injury attorney, it’s important to choose someone who makes you feel comfortable and has experience handling cases like yours. GOLDLAW is here to help.
- We have the resources necessary to thoroughly investigate and litigate your case.
- We won’t back down from insurance companies; we will ensure you obtain the compensation you deserve.
- We handle exclusively personal injury cases, as well as truck accident cases, so we have expertise in this area.
Relevant Case Results
- $6.5 million | Tow Truck Driver Killed By Semi Truck
- $1.365 million | Man Struck While on Motorcycle
- $500,000 | Major Rear-End Accident
Common Car Accident Injuries in Port St. Lucie
Unfortunately, car accident injuries are often severe. When individuals refer to an injury as being incapacitating, this typically means a catastrophic injury such as a traumatic brain injury or a spinal cord injury. This can also refer to major burn injuries or any other type of car accident injury that leads to a permanent and severe disability.
Some of the most common injuries associated with vehicle accidents, injuries that often lead to medical care and expenses, include the following:
- Moderate to severe traumatic brain injuries
- Spinal cord injuries with or without paralysis
- Severe lacerations or puncture wounds
- Broken bones or dislocations
- Internal bleeding
- Internal organ damage
- Crush injuries or amputations
When we discuss car accident injuries, we also need to examine the less visible types of trauma individuals can sustain as a result of these incidents. The car accident itself, the injuries, and the recovery process can all lead to a victim incurring significant physical and emotional pain and suffering. This can include feelings of constant pain, as well as feeling stressed or anxious. It is not uncommon for car accident victims to experience symptoms of post-traumatic stress disorder (PTSD).
Car Accident Data
The Florida Department of Highway Safety and Motor Vehicles tracks data from around the state and provides information related to vehicle accidents annually. During the most recent reporting year on file, there were more than 400,000 vehicle accidents across the state. Out of these incidents, there were 3,741 total fatalities. Additionally, there were nearly 17,000 injuries that were considered incapacitating, as well as more than 236,000 other injuries that were not considered incapacitating but still left individuals with medical care needs.
When we look more closely at the data provided by state authorities, we can see that there were nearly 25,000 total vehicle accidents in Palm Beach County during that same reporting year. Out of these incidents, there were 215 fatalities and more than 15,000 recorded injuries. Over the last few years, the total number of incidents annually has tended to increase, as has the number of fatalities and injuries in Palm Beach County.
Some of the leading causes of vehicle accidents in West Palm Beach and throughout Florida include the following:
- Speeding
- Impaired driving (alcohol and drugs)
- Failing to yield the right of way
- Following others too closely
- Failing to stop at stop signs and stop lights
- Aggressive driving
- Improper lane change
- Distracted driving
Types of Compensation Available for Car Accident Victims
Our team works diligently to recover maximum compensation on behalf of our clients. We want crash victims to recover compensation for all of their economic and non-economic damages.
The economic damages after a vehicle accident are often referred to as “special damages.” These types of losses revolve around calculable expenses that car accident victims are likely to incur as a result of the incident. Our team will use the receipts, bills, and invoices that the car accident victim receives in order to adequately calculate the following:
- Emergency medical bills
- Ongoing hospital or doctor costs
- Rehabilitation and physical therapy
- Medical devices or prescription medications
- Property damage expenses
- Rental vehicle expenses
- Lost income and loss of future earnings
- Various household out-of-pocket expenses
Under Florida’s no-fault insurance system, individuals are usually able to receive up to 80% of their medical expenses as well as up to 60% of their lost wages. Through no-fault insurance, individuals will turn to their own insurance carrier to recover this compensation. Individuals who have insurance policies in the state of Florida will also be able to recover compensation for property damage expenses if the other driver was at fault, but only up to the limits of the other driver’s policy.
If an individual is able to step outside of the no-fault system because the incident meets the thresholds established by state law, then they may be able to file a personal injury lawsuit in civil court against the at-fault party. Under these circumstances, an individual may be able to recover compensation for all of their economic costs as well as compensation for non-economic damages.
Non-economic damages after a West Palm Beach vehicle accident are sometimes referred to as “general damages,” but you may also hear individuals refer to them as pain and suffering damages. These types of losses are more immeasurable than the economic damages just mentioned because there typically are not any bills or receipts related to these types of losses. However, they are equally as important to calculate and include in a final settlement or jury verdict. Some of the most common non-economic damages associated with a vehicle accident include a victim’s:
- Physical pain and suffering
- Emotional and psychological pain and suffering
- The loss of quality of life
- Loss of consortium (for a spouse)
The total amount of compensation available for vehicle accident victims in West Palm Beach will vary depending on several factors related to the incident. Some of these factors include the severity of the injury, how long it takes a person to recover, whether or not there was any disability, as well as whether or not there was any shared fault for the overall incident. Your attorney will examine the facts of the case and enlist assistance from trusted economic and medical experts when working to calculate total losses.
What is the Statute of Limitations in Florida Car Accident Claims?
Florida Governor Ron DeSantis signed Florida House Bill (HB) 837 in March of 2023, and this law changed the statute of limitations related to vehicle accident claims. Previously, individuals had four years to file a personal injury lawsuit against a third party if a civil lawsuit was appropriate for the situation. However, individuals now only have two years to file a lawsuit in civil court against a defendant.
If you have any questions about the personal injury statute of limitations related to your particular case and your eligibility to file a lawsuit, please reach out to an attorney as soon as possible. Additionally, you need to be aware that there are deadlines in place related to insurance carrier claims as well. Failing to file an insurance claim within the carrier’s deadlines could lead to a claim delay or denial.
We encourage you to speak to your attorney as soon as possible if you have any questions about whether or not you are bumping up against timelines related to your case. The sooner you get your claim filed, either with an insurance carrier or in the civil court system, the better.
The Statute of Limitations is Different if The Accident is Fatal
If you lost a loved one in a car accident, the deadline to file your claim is different than if only injuries were sustained. This is important to know so you don’t lose out on your chance to obtain the compensation you’re entitled to. In this case, you must file your claim within two years from the date of your loved one’s death.
Who You Can Sue For Your Car Accident in Florida
If you’ve been in a car accident, you may be wondering who could be held liable for the damages. The answer depends on the specific circumstances of your accident, but there are a few parties that are commonly found to be at fault:
The Driver: In most cases, the driver of the other vehicle will be found at fault for an accident. This is because drivers are expected to operate their vehicles in a safe and reasonable manner. If a driver breaches this duty of care and an accident occurs, they will likely be liable for any resulting damages.
The Manufacturer: In some cases, the driver may not be at fault for an accident but rather the vehicle’s manufacturer. This can happen if a defect in the design or manufacture of the car causes it to malfunction and cause an accident. If this is the case, you may have a claim against the manufacturer. An example of a design defect could be defective brakes or airbags that don’t deploy properly.
The Government: The government is responsible for maintaining safe roads and road conditions. If an accident occurs due to poor road conditions, they could be held liable. The statute of limitations is shorter for a claim against the government, so make sure you contact a lawyer right away so you don’t miss your chance.
Steps to Take After a Car Accident
There are a few critical steps that you will need to take to make a successful claim, including:
Seek Medical Help
The first thing you need to do after an accident is seek medical attention, even if you do not think your injuries are serious. This is important for two reasons. First, it will ensure that any injuries are treated as soon as possible. Second, it will create documentation of your injuries which will be important when making a claim. The amount of compensation you’re entitled to will depend in large part on the severity of your injuries and the cost of your medical expenses.
Call the Police
Once law enforcement arrives, they will observe the scene, talk to witnesses, and write up a report. The police report will document what happened and could be helpful if you decide to file a claim. Always request a copy of the report.
Gather Evidence
Take photos of the scene and get contact information for any witnesses who may have seen what happened. It is important to gather this evidence as soon as possible after the accident because it can be challenging to do so down the line.
Make sure you keep track of all medical appointments and other expenses related to the accident. This documentation will be essential when it comes time to file a claim with the insurance company.
Speak With an Attorney
The next step is to speak with an experienced car accident attorney who can assess your case and advise you on what kind of claim to make and what compensation you may be entitled to. Your attorney will also be able to handle all aspects of your claim on your behalf so that you can focus on recovering from your injuries.
Dealing with the aftermath of a car crash is never easy, but by taking the right steps, you can ensure that you are taken care of both physically and legally
Will Shared Fault Change How Much Compensation You Receive?
Prior to the new tour reform bill becoming law, Florida operated as a pure comparative negligence state. However, this did not have as much bearing on car accident claims as it does on other types of personal injury claims in the state. Florida is now a modified comparative negligence state, which means individuals can only recover compensation if they are less than 50% responsible for causing their own injuries. Any person more than 50% responsible for causing their injuries will be unable to recover compensation.
We understand that Florida is a no-fault state for the majority of vehicle accident claims, which means individuals turn to their own insurance carrier for compensation. However, there are times when individuals can step out of the no-fault system to file a lawsuit against an alleged negligent driver or other party related to the incident. If individuals meet the thresholds established by law to file a personal injury lawsuit against another party, they need to be aware of how any modified comparative negligence laws could alter their total compensation amounts. We encourage any individual involved in a vehicle accident to work with their attorney, who can provide them with guidance through this process.
Neighborhoods and Areas We Serve
Palm Beach Gardens | Riviera Beach | Lake Worth | Boynton Beach | Wellington | Palm Springs | North Palm Beach | Royal Palm Beach | Lantana | Jupiter | Greenacres | Atlantis | Juno Beach | Haverhill | Lake Park | Stuart | Fort Pierce | Jensen Beach | Palm City | Hobe Sound | Vero Beach | Indiantown | Sewall’s Point | St. Lucie Village | Hutchinson Island
Call a Port St. Lucie Car Accident Lawyer Today
If you or somebody you care about has been injured in a car accident caused by the negligent actions of another driver in the Port St. Lucie area, we encourage you to reach out to a skilled attorney as soon as possible. At GOLDLAW, we have extensive experience handling complex vehicle accident claims throughout Florida, and we know what it takes to help clients recover the compensation they need for their losses.
If you were involved in a car accident and believe you might have a civil claim, contact GOLDLAW to schedule your free consultation.
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“Mr. Roca and Addy are a great team, they kept me informed with everything regarding my case & I was pleased with the way everything turned out. I would highly recommend them & Craig Goldenfarb law firm.”
Kayla C.
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