florida how can an attorney help me at fault car accident

A Florida car accident lawyer can help establish the at-fault party’s duty of care, demonstrate how their actions led to the accident, and pursue compensation for the injured party’s resulting damages. Evidence That Helps Determine Fault Common forms of evidence used to establish fault in a Florida car accident case include: Police reports

Full Answer

Do you need a Florida car accident attorney?

Having an experienced and articulate advocate working for you is essential in obtaining a reasonable and fair resolution in your car accident case. The most important thing that an attorney will do for you is to advocate for your best interests. He or she can act on your behalf in the claims process, negotiation, and a trial if necessary.

Can I sue the at-fault driver in a Florida car accident?

Mar 07, 2022 · The defendant can employ asset protection tools to increase protection and then send in the affidavit. There are ways to legally protect assets even after being at fault for a car accident. The at-fault driver’s best course is to review his asset protection status, fix any issues, and then perhaps submit a financial affidavit.

How can I protect my assets after a car accident in Florida?

Dec 27, 2018 · A Florida car accident lawyer can help establish the at-fault party’s duty of care, demonstrate how their actions led to the accident, and pursue compensation for the injured party’s resulting damages. Evidence That Helps Determine Fault. Common forms of evidence used to establish fault in a Florida car accident case include: Police reports

What happens if you lose a car accident lawsuit in Florida?

In Florida, we follow the " pure comparative negligence " system – this system apportions damages between parties based on their percentage of fault. So, technically, a victim can recover damages even if he is 99% at fault for an accident. He can still get that 1% of damages. Here's a quick refresher for when an accident is your fault:

Should I get a lawyer for a car accident that was my fault in Florida?

Should I get a lawyer for a car accident that was my fault?

Can you fight an at fault accident in Florida?

Can an at fault driver sue Florida?

What happens after a car accident not your fault?

Is Florida a no fault state?

How do insurance companies determine fault in Florida?

How long after a car accident can you sue in Florida?

How much can someone sue for a car accident in Florida?

How do insurance companies determine settlement amounts?

How long does an insurance company have to settle a claim?

Why do lawyers take so long to settle a case?

How long does it take to file a car accident claim in Florida?

The Florida statute of limitations stipulates that all car accident cases must be filed within four years of the car accident.

Is Florida a no fault state?

The state of Florida is a no-fault auto insurance state. This means that in the event of a motor vehicle accident, each driver’s own insurance policy is responsible for paying damages to the policyholder, regardless of fault. For persons involved in an accident without car insurance, knowing what to do can be frustrating.

How long do you have to file a personal injury claim in Florida?

But how long after a car accident can you claim injury in Florida? In most cases, you have four years from the date of the accident to file a personal injury lawsuit in Florida. This time limit is established by Florida’s...

How much personal injury insurance do you need in Florida?

Because Florida is a no-fault insurance state, each driver is required to carry a minimum of $10,000 in personal injury protection (PIP) coverage, which can be used to pay for expenses like: Medical costs. Property damage. Lost wages.

Is Florida a no fault state?

If you've ever been in a crash, you'll realize that the required policies don’t cover much. With Florida being a no-fault state, the idea is that drivers would turn to their own insurance companies if they were injured, which wouldn’t clog up the court system with unnecessary personal injury cases.

What happens if someone else causes an accident?

If someone else caused the accident, you can pursue a lawsuit (if your injuries exceed a certain threshold). This method of car insurance is meant to create less of a burden on the legal system, so that drivers turn to their insurance company instead of to the courts when they get into an accident.

How does comparative negligence work in Florida?

That is the basis of every personal injury claim.#N#In Florida, we follow the " pure comparative negligence " system – this system apportions damages between parties based on their percentage of fault. So, technically, a victim can recover damages even if he is 99% at fault for an accident. He can still get that 1% of damages.#N#Here's a quick refresher for when an accident is your fault: 1 Don't apologize (even if you feel terrible – your words will be used against you later). 2 Call the police. 3 Make sure everyone gets medical attention. 4 Take photographs and write down details. 5 Get names of witnesses. 6 Notify your insurance company, but don't give any statements before speaking with an attorney.

What is the PIP policy in Florida?

Florida, along with other no-fault states, requires drivers to carry a $10,000 PIP (personal injury protection) policy. This blanket coverage is intended to protect drivers in case of small accidents.

Does Florida require car insurance?

Florida has few car insurance requirements. Meanwhile, and incredibly, Florida doesn’t require annual vehicle inspections, nor does it require underinsurance or uninsurance policies for drivers. Underinsurance and uninsurance policies must be offered, but the driver can reject it in writing. As of 2012, 23.8% of Florida drivers were uninsured.

Does Florida require annual vehicle inspections?

Meanwhile, and incredibly, Florida doesn’t require annual vehicle inspections , nor does it require underinsurance or uninsurance policies for drivers. Underinsurance and uninsurance policies must be offered, but the driver can reject it in writing. As of 2012, 23.8% of Florida drivers were uninsured. That is the second-highest rate in the country ...

Can you drive without insurance in Florida?

The reality is that many Florida drivers choose to forego insurance entirely. Even though driving without insurance is illegal and anyone caught will have his or her license suspended, some choose to chance it anyway. Anyone caught driving without a license would need to spend $500 to get it reinstated.

Is distracted driving a problem in Florida?

Despite rules against texting and driving in Florida, distracted driving continues to be a major problem on the roadways and the problem is only growing. While drivers may claim to know the risks of distracted driving, they continue to engage in activities that take their eyes or minds off the road. Most people do not realize just how dangerous distracted driving can be until it is too late and they have caused serious damage and injuries.

What happens if another party crashes your car?

Car repairs can cost a lot of money. After another party causes your car to crash, you deserve compensation for not only the costs of all repairs to your vehicle —but also for the vehicle’s diminished value. Certain types of damage can immediately and significantly decrease a car’s value, and you deserve payment for that lost value from the insurers of any drivers who caused the crash.

How many people died in Florida in 2015?

According to the National Highway Traffic Safety Administration (NHTSA), more than 2.44 million people in the United States reported car accident-related injuries, and 35,092 people died in crashes in 2015. The following statistics, however, are specifically related to the state of Florida in 2016:

Is Florida a dangerous state?

Florida is one of the most dangerous states in the country for car drivers. Here, accidents occur at an alarming rate. From local state roads to busy freeways and highways, Florida drivers are more likely to get into a serious and fatal car accident than most other states in the country.

What is pain and suffering in Florida?

Pain and suffering is a difficult concept to define, difficult to explain, and even more difficult to prove in court. However, the basic idea is simple. In general, during a Florida car accident claim, you are being compensated for damages like medical bills and lost wages.

What happens if you hit a pothole in Florida?

If you are driving along and suddenly hit a pothole, large crack, or another type of serious hazard, your car can spin out of control and may even collide with other vehicles. In this case, the agency that neglected the road should be held liable. Since Florida law sets out very specific procedures for any type of legal claim against the government, you need a collision lawyer who is experienced in handling these types of cases.

Can a minor injury be expensive?

With the rising medical care costs, treating any type of injury can get expensive. Even a relatively minor injury can require a trip to the emergency department, follow-up visits, medication, diagnostic tests, and more. Serious injuries, like those to the neck and back or even the brain, may require hospitalization, surgeries, or even long-term care or assistance. Having an attorney who will consider all of your past and future medical expenses will ensure you seek the full amount of compensation for your injuries.

Does Florida have no fault insurance?

Florida relies on a no-fault system for car accident coverage. This allows each driver to collect payment from his or her own insurance company after a crash. However, if the injuries from an accident are severe, or cause lifelong difficulty, the victim can pursue a car accident claim against the at-fault driver.

Is a rear end collision always the fault of the driver?

For instance, rear-end collisions are almost always the fault of the driver in the following car, since he or she did not leave adequate following distance. Similarly, a driver turning left in an intersection is almost always liable for a crash with a vehicle traveling straight in the opposite direction. While Florida law requires a victim ...

Do you need a copy of a police report?

You should always request a copy of the police report after it's filed. Photos. Pictures allow a judge and jury to easily see the damage done to your vehicle and the injuries you sustained. These images show the extent of your losses, and help to prove liability.

When Your Losses Are Life-Altering

Despite all those monthly payments, there are caps to your potential compensation. Your provider may not be able to compensate you when your losses are significant. Life-altering losses include:

When to Get an Attorney for a Car Accident

Are you still wondering when to get an attorney for a car accident? When your situation fits the above circumstances, the answer is NOW.

Crashes Involving Injuries

If the at-fault driver was charged with a moving violation and injuries or possible injuries were noted on the crash report, Florida Financial Responsibility Law ( Chapter 324, Florida Statutes) requires the at fault owner/driver to have full liability insurance coverage in effect at the time of the crash. This coverage includes:

Crashes Involving Property Damage Only

If the at-fault driver was charged with a moving violation, and vehicle or property damage (no injuries) were noted on the crash report, Florida Financial Responsibility Law ( Chapter 324, Florida Statutes) requires the owner of the at fault vehicle to have compulsory coverage in effect at the time of the crash. This coverage includes:

Final Judgment

Section 324.121, Florida Statutes authorizes the department to suspend the license of an at-fault party when a judgment is rendered by the court involving a crash. If you are involved in a crash, you may choose to pursue a final judgment by filing a civil suit against the at-fault party.

Forms

Insurance Request Form – Section 324.242, Florida Statutes specifies who can receive insurance information for a vehicle involved in a crash ( HSMV 83392)

What is Comparative Negligence in Houston Car Accidents?

Texas is one of many states that follow comparative negligence laws. These laws allow plaintiffs to recover damages after car accidents even if they were partially to blame for causing those accidents.

Does Comparative Negligence Still Matter With Multiple Defendants?

When a plaintiff faces multiple defendants in a lawsuit, the comparative negligence statute will still apply; the plaintiff’s fault percentage may not exceed the combined fault of the defendants.

Proving Fault in a Car Accident Claim

A car accident can happen extremely quickly, and it may be difficult to determine fault immediately after an accident.