Even the best of drivers can find themselves involved in a Florida car accident. Not only is this a confusing time for all parties involved, but it can also produce great stress and fear. You may wonder if your damages will be taken care of as well as medical bills for your injuries.
In an auto accident, you will need to rely on your own insurance company to recover your damages costs as Florida is a no-fault state. This means that even when fault is determined for a car wreck, it does not determine who pays for the damages incurred.
When Can I File a Lawsuit for a Florida Car Accident?
When injuries occur in a car accident in Florida, you may have a right to a settlement from the insurance company or another driver if your injuries were severe. Florida law allows for a lawsuit to be filed when injuries include scarring, disfigurement or if your injuries are permanent. In these instances, a car accident lawyer in Florida can file a lawsuit outside the no-fault law and seek compensation for your injuries.
Every settlement amount is different for every Florida car accident. Your amount will depend on how severely you were injured as well as the extent of your injuries and their long-ranging effects. The best way to determine what your approximate settlement award will be for injuries sustained in a car accident, is to seek the guidance of a Florida car attorney. They will be able to estimate your total settlement award and help you go about seeking this compensation.
What Type of Settlement Awards Can I Seek for a Florida Car Accident?
There are several types of settlements received through a lawsuit that you may be entitled to after a car accident has caused you injury. The following are damages that are commonly sought after a Florida car accident:
- Medical Expenses: You are entitled to medical compensation for the treatment you incur for injuries sustained as part of a car accident. These damages sought include current medical treatment as well as any future medical care you would need to provide treatment for your injuries. You may need a medical professional to assess your injuries and determine the extent of how they will affect you in the future for your case, but this can be beneficial to gaining a settlement that covers you well into the long-term of care.
- Lost Wages: You are also entitled to lost wages if you are unable to work because of your injuries. During your lawsuit, how much compensation you are due is considered based on whether you will be able to return to work or not. Calculations by a car accident attorney in Florida can help determine your total settlement compensation for lost wages.
- Pain and Suffering: Florida law also includes pain and suffering damages from Florida car accident injuries that were severe and cause you emotional suffering. This can help you financially recover from a car accident injury and help you become whole again.
While every car accident injury is unique, a car accident lawyer in Florida can help you determine what your total settlement award should be. This is important to figure out when filing a lawsuit against another driver and can ensure you receive a fair settlement for your injuries.
How Can I Negotiate a Settlement for a Car Accident in Florida?
Negotiating a settlement for your injuries can be a slippery slope. It takes skill and knowledge to know what a fair settlement is for your injuries. It is always advisable to work with a Florida car accident attorney to help you get the highest possible settlement for your injuries.
By working with an attorney, you can allow them to handle all your negotiations and make sure you are receiving fair compensation. Insurance companies want to pay you the lowest settlement amount they can for your injuries. You may be tempted to take the offer because it will mean money in your pocket quicker. This may not be to your best advantage as these offers are usually not fair or the maximum amount you deserve.
Working with a Florida car accident lawyer can help you understand what a fair settlement should look like for your injuries. Before you sign any settlement offer with an insurance company, it is best if you review the offer with an attorney. This can help you avoid reduced settlements and ensure a maximum payout for your injuries.
Deadlines for Filing a Florida Car Accident Lawsuit
You only have four years from the date of your car accident to file a lawsuit against another driver for their negligence. Once you have decided to take your case to court, you will need to be able to prove fault in order to receive the compensation you deserve.
Because Florida uses a “pure comparative fault” law, it takes into account the fault of all parties in the car accident. If you were at fault in the car accident for any percentage, this percentage amount comes out of your total settlement award. This could reduce your overall settlement amount even if your actions were not the main cause of the accident.
When you are involved in an accident, it is important that you never admit fault for this reason as this information can be used against you in court and reduce your settlement compensation. Never apologize for a car accident in Florida or admit guilt for causing an accident. Allow the police to determine who caused the accident and how much each party was at fault in a car crash.
Consult with a Florida Car Accident Lawyer About Your Case
When injured because of the negligence of another driver, you need the help of Florida car accident lawyer to determine what a fair settlement for your injuries should be. The attorneys at John Fagan Accident Lawyers can advise you on what your compensation should be for your injuries and help you file a lawsuit. They can also negotiate settlement terms with insurance companies, so you get the maximum amount for your injuries without having to endure a long and costly court battle. Contact the offices of John Fagan Accident Lawyers today to set up a consultation.