Florida is, unfortunately, a state with a high number of car accidents; many of them can be severe, even fatal. Car accidents in Florida are subject to unique state laws, which you should be familiar with if you are involved in one. Knowing what legal details apply to your case could make a big difference in how much compensation you get.
One of the most pertinent things to consider when filing a compensation claim in Florida is that it is a no-fault state. Therefore, your injuries must meet specific severity thresholds to receive compensation. This article gives you some information regarding Florida's car accident statutes.
What To Do After a Car Accident in Florida?
In Florida, you or your loved one must submit a claim to your personal injury protection (PIP) insurer after a car accident. No matter who is at fault, Florida law requires all drivers to carry PIP insurance with a minimum of $10,000.
Besides the driver, PIP covers your children, family members, household members, and passengers without a vehicle. You may also be covered for 60% of your lost wages and 80% of your medical bills if you are an accident victim, depending on your policy’s limits.
Nevertheless, their insurance may not be able to cover the full costs if the victim sustained serious injuries. For car accident victims, it can be even more difficult if they cannot work for an income due to their injuries.
In this case, a car accident victim might sue the at-fault driver if their insurance does not cover the full costs of damages and injuries.
Florida's Comparative Fault Rule
Florida courts award damages based on a comparative fault model during a car accident. When driving at 40 mph in a 25-mph zone, for example, an intoxicated driver runs a red light and crashes into your car. Your speeding may be partially at fault in court, but the other driver's drunk driving may be at fault at a much higher level.
The jury may find you 10% responsible for the accident and the driver 90% responsible. In the case of an award for your injuries and damage of $20,000, you will receive $18,000 (90% of the award).
Florida's 14-Day Accident Law
Under Florida's 14-day accident law, you need to seek medical attention within 14 days of a motor vehicle accident. Your insurance may not cover medical expenses and losses from injuries if you do not receive medical treatment within 14 days.
You will likely need financial coverage after a motor vehicle accident. Personal Injury Protection may provide a portion of that coverage.
The 14-day accident law might prevent you from collecting your PIP insurance coverage if an insurance company or court determines you haven't honored it. Exceptions may apply to this 14-day law. In this case, you should consult a lawyer if you missed the deadline for medical care after the accident.
Damages You Can Seek After Car Accidents in Florida
According to Florida law, damages refer to the amount awarded in compensation for an injury or loss caused by someone else's negligence. There are two main types of damages: punitive and compensatory damages.
Compensatory Damages
Compensation for damages aims to restore someone's life to its previous state before the accident. Compensation damages come in two forms as part of an overall claim for damages after a car accident. Damages can be economic or non-economic.
An economic damage award compensates car accident victims for what they have lost financially or will lose financially in the future as a result of their injuries. In most cases, the exact amount you should be paid is well-defined, as it can usually be determined by reviewing records and professional documentation. It is necessary to quantify and prove all expenses to receive damages.
Specifically, non-economic damages are compensation for intangible losses, such as psychological and physical suffering. Car accident victims can suffer emotional distress. These damages can affect a person's earnings, finances, and quality of life. They include pain, suffering, and inconvenience.
Punitive Damages
You will receive punitive damages when the at-fault party was intentional, malicious, or excessively negligent. In addition to providing retribution and justice to the car accident victim, they are also intended to deter future perpetrators.
Most car accident cases do not award such damages since most drivers are not intentionally reckless, but in some cases they are. Depending on the circumstances, your attorney might decide to seek these damages if the at-fault driver had been driving drunk, texting while driving, or otherwise driving recklessly.
When Can You File a Florida Car Accident Claim?
Fulfilling a claim with your insurance company after a car accident in Florida is necessary. Due to Florida's no-fault policy, this applies to all parties in an accident regardless of how they caused the accident. Insurance covers costs such as medical expenses, lost wages, and property damage.
According to Florida law, all parties involved in an accident resulting in damages needs to file a report with the Florida Highway Safety and Motor Vehicles Department within 10 days. The police must be notified immediately in case any injury or damage occurs. However, even if there is no injury or damage, it is best to call the police immediately.
You should follow the same procedures when notifying your insurance company. Depending on your policy, you may need to file a claim within a certain period, but it's wise to do so right away.
You have a limited timeframe for suing for damages after your car accident. The statute of limitations for a car accident is two years, and the clock starts ticking on the day of the accident. If you fail to file on time, you may lose compensation.
Speak To a Lawyer
It's important to seek legal counsel immediately if you or a loved one have been injured or lost a family member in a car accident. Going through such a situation can be financially, emotionally, and mentally draining, so you should seek help as soon as possible.
If you've been injured in a car accident, an experienced attorney can offer valuable insight before you speak with an insurer if you've been injured. Per your policy, you'll have to report the accident within a reasonable period. However, you only need to provide basic information about where and when it happened. You can also trust them to help you obtain fair compensation and maximize your settlement in a personal injury lawsuit.
