A sunny Sunday drive can quickly become a dark nightmare if you’ve been involved in a car crash. After you’ve sought medical attention and are on the mend, your thoughts may drift to your losses.
Medical bills, rehab treatments, and other expenses can add up fast. And let’s not forget about your shattered peace of mind. Accident victims living in a no-fault state like Florida may think they are limited in what they can collect, but this isn’t entirely true.
If you fall into this category, you can get support from Meldon Law Firm’s experienced attorneys. They have the know-how to get you the maximum compensation despite Florida being a no-fault car insurance state.
What Is a No-Fault State?
Twelve states have no-fault laws, and Florida is one of them.
No-fault states require car drivers to purchase no-fault car insurance to minimize car accident lawsuits. PIP (Personal Injury Protection) required car insurance coverage will pay for a driver’s and their occupant’s medical expenses regardless of who the at-fault driver was.
However, not everything is covered depending on your insurance policy, and some policies cap the amounts you can claim.
Unfortunately for Floridians, no-fault laws aren’t exactly fair. The negligent driver who caused the accident isn’t held accountable for their actions, and the crash’s damages are left to the insurance companies to pay.
As a result, since car insurance companies are for-profit businesses, car insurance rates are much higher than they could be. Fortunately, Florida lawmakers have introduced a bill to eliminate this unfair practice.
However, until it’s passed, Florida remains a no-fault state.
How To Go Beyond PIP Insurance Coverage in Florida
Although Florida’s mandatory PIP insurance will cover certain medical and other expenses, payouts are limited. For example, if your injuries are severe and your prognosis includes chronic or emotional pain, PIP insurance doesn’t cover them.
However, there is a way to recover damages not covered by PIP insurance.
You can file a personal injury claim against the at-fault driver and their insurance company to pursue all of your damages and receive full compensation. This strategy should never be attempted without the guidance of an experienced personal injury attorney focusing on car accident lawsuits.
How To File a Florida Car Accident Lawsuit
If you feel you deserve more than what the standard PIP insurance covers, you can do so by filing a personal injury lawsuit.
Florida’s personal injury laws are quite complex, and without a deep understanding of the law, laypersons will quickly become lost in its legalese. To file and win a car accident claim, here’s what you can expect.
Hire a Florida Personal Injury Attorney
Without the expertise and guidance of an experienced car accident lawyer, you’ll be hard-pressed to recoup all of your losses. After a catastrophic car crash, your main concern should be recovering from your injuries or learning to cope with permanent ones.
With a legal team on your side fighting for your right to full compensation, you can gain a little peace of mind from the knowledge that you’ll get what you deserve. It’s important to contact a lawyer as soon as possible.
In an attempt to curb frivolous lawsuits, Florida has recently decreased its statute of limitations for personal injury cases down to a mere 2 years from the date of the accident. Regardless of whether this change to the law reduces fraudulent claims, it does highlight the urgency of working with a legal team as promptly as possible.
Gather Evidence
To file a successful claim, you must prove that the other driver involved in the crash was at fault and that your injuries are severe enough to pursue further compensation. Collecting the necessary evidence can sometimes be a rather time-consuming task.
Typical evidence to prove both claims can include:
- Police accident reports
- Surveillance videos or traffic light photos
- Eyewitness statements
- Medical records
- Hospital bills
- Medical images like X-rays and CAT scans
Pre-Trial Negotiations
Fortunately, most personal injury lawsuits are settled without the need for a judge and jury. Trials can be lengthy and costly, and it’s in both parties’ best interest to settle the matter during the discovery phase of a lawsuit.
During this time, both sides will present evidence and discuss settlement offers.
Your Rights After a Florida Car Crash: Final Thoughts
Florida’s no-fault law can be restricted for victims of a car crash.
For those victims with severe physical or emotional injuries, PIP insurance usually doesn’t come close to paying what they deserve. The cure for this inadequate payment of damages is to file a personal injury lawsuit.
Working with an experienced car accident attorney ensures maximum compensation for your damages.