florida how can an attorney help me car accident

by Kasey Runolfsdottir 4 min read

If you have been seriously injured, hire an experienced car accident attorney to help you with your Florida injury claim. Your attorney can gather evidence and negotiate with the insurance company to help you recover a fair settlement. If a compromise cannot be reached, your attorney will prepare your injury case for trial.

Full Answer

How do I get a lawyer for a car accident in Florida?

Having an experienced and articulate advocate working for you is essential in obtaining a reasonable and fair resolution in your car accident case. (786) 686-2857 GET HELP NOW

Why hire our Miami car accident lawyers?

Mar 17, 2022 · Florida is one of about a dozen states that use the no-fault rule, which creates particular need for drivers to ensure they are properly insured. You can see a breakdown of the no-fault rules here. A trained car accident attorney can …

What should you not do after a car accident in Florida?

Mar 07, 2022 · Submit a financial affidavit that demonstrates that the collection of a money judgment would be difficult. Protecting your assets involves taking advantage of the many protections provided by Florida statutes and common law as soon as possible. Important: Avoid making sudden transfers of assets after a car accident in an effort to shield the ...

When should I contact a car accident attorney after a crash?

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Do you have to take a photo of an accident in Florida?

If you have a camera, take photographs of the accident scene from all angles. If you or your passengers sustained injuries, these should be photo documented as well. Your attorney, as part of your Florida injury claim, may use the accident photographs as evidence.

What to do if you have been seriously injured in a car accident?

If you have been seriously injured, hire an experienced car accident attorney to help you with your Florida injury claim. Your attorney can gather evidence and negotiate with the insurance company to help you recover a fair settlement. If a compromise cannot be reached, your attorney will prepare your injury case for trial.

What to write down when you have a car accident?

Write down the details regarding your car accident, such as the events that lead up to it as well as the weather and road conditions. Memories can often fade over time, so these notes will play an important role in your injury claim.

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.

Can you sue someone for a car accident in Florida?

In Florida, the amount that someone can sue for as a result of the car accident is however much the injured person has been damaged. Damages in a car accident context includes the person’s medical bills, pain and suffering, and ongoing damage for loss of functioning. It does not matter if the injured person has medical insurance to pay ...

Can you sue the at fault driver in Florida?

In Florida, a person injured in a car accident is entitled to sue the at-fault driver and the owner of the at-fault driver’s vehicle personally. Even if the at-fault driver has insurance, the injured person can still file a lawsuit for the amount of their damages against both the at-fault driver and the vehicle owner.

How to file a personal injury claim?

In summary, an at-fault driver or car owner should take the following steps if they anticipate personal legal liability from a car accident: 1 Discuss with the insurance carrier whether the damages are likely to be within insurance policy limits. 2 Determine which assets are protected from collection should the injured person file a lawsuit. 3 Implement a plan to better protect vulnerable assets. 4 Submit a financial affidavit that demonstrates that the collection of a money judgment would be difficult.

Does Florida have a wage garnishment?

Wage garnishments remain in effect continually during the debtor’s employment or until the debt is paid. Florida law provides debtors defenses to these creditor collection tools. Debtors who qualify as head of family (also called head of household) under Florida law are usually exempt from wage garnishment.

Can a judgment be taken from a car accident?

Florida law provides a judgment creditor various tools to collect a personal money judgment from a car accident. For example, the creditor may examine nearly all the debtor’s financial documents, including bank records, tax returns, and wage statements. In addition, the judgment creditor can take the debtor’s deposition under oath and inquire detailed information about the debtor’s assets and financial history.

What is financial affidavit?

Financial Affidavit. Soon after a car accident, an insurance company may request that an insured defendant fill out a financial affidavit. The request for a financial statement is usually made by the plaintiff or his insurance company. The plaintiff and insurance company want to know about the defendant’s assets in order to decide ...

How long does it take to sue someone for a car accident?

An injured person has four years after a car accident to sue the at-fault driver or the owner of the at-fault driver’s vehicle. The four year timeline stems from Section 95.11 of Florida law, which lists the statute of limitations for personal injury in a car accident.

Where to report a car accident in Florida?

If the accident did not occur within a municipality, you must report the accident to the office of the county sheriff or to the nearest office or station of the Florida Highway Patrol. These rules can be found at Florida Statutes section 316.065.

What happens if you are at fault for a car accident?

If the other driver was entirely at fault for your car accident, the result is usually predictable: the other driver (through their insurance carrier) will pay to compensate you for medical bills, lost wages, and other losses you suffered.

Is Florida a no fault state?

In this article, we'll discuss a few Florida laws that could have a big impact on your case. ( Important note on no-fault: Florida is a no-fault car insurance state. That means, after a car accident, you typically need to file a claim under your own personal injury protection coverage to get compensation for medical bills ...

What is the comparative fault rule in Florida?

Florida follows a "pure comparative fault" rule when both parties are found to share blame for an accident. In most car accident cases, the jury is asked to calculate two things based on the evidence: the total dollar amount of the plaintiff's damages, and the percentage of fault that belongs to each party.

What is statute of limitations in Florida?

A "statute of limitations" is a law that sets a time limit on your right to bring a lawsuit. If you miss the time limit set by this law and you try to file your car accident lawsuit after the deadline has already passed, the Florida court system is almost certain to dismiss your case, unless some rare exception applies to extend the deadline.

June 23, 2012

The short answer to this question is absoutely not . It is a violation of the Florida Rules of Professional Responsibility for a lawyer or lawyers representative to contact you after a car accident.

SHOULD A LAWYER CONTACT YOU AFTER A CAR ACCIDENT?

The short answer to this question is absoutely not . It is a violation of the Florida Rules of Professional Responsibility for a lawyer or lawyers representative to contact you after a car accident.

What happens if you settle a personal injury case in Florida?

If settle your personal injury case and you try to stiff Florida Medicaid on the bills that they paid, you could face criminal penalties, and lose your Supplemental Security Income (SSI) and Medicaid benefits.

What if another driver's carelessness caused your injury?

If another driver’s carelessness caused your injury, then any policies of UM coverage to which you are an insured should pay for medical bills that aren’t paid under workers compensation, PIP, Medpay, or BI coverage.

Does PIP pay for medical bills?

Even if you were at fault (or received a ticket for a moving violation) for causing the auto accident, PIP will still pay your medical bills.

How to find out if you are covered by PIP?

The best way to find out whether the PIP insurer believes that you’re covered is to send an email, fax and mail a letter to the 1rst party auto insurer, which asks them to disclose certain insurance information.

What happens if a minor child is in a car accident?

If a minor child is in a car accident, and has medical bills that PIP doesn’t pay, then the parent has a claim for the medical bills. Florida Standard Jury Instructions – Civil Cases 501.2 (e).

Does PIP pay up?

If you’re an insured under an auto insurance policy with Medical Payments (“Medpay”) coverage, it may pay any bills that PIP doesn’t pay up. It pays up to the Medpay limit on the policy.

How much does PIP pay?

PIP Pays 80% of Reasonable Medical Bills. The bad news about PIP is that it only pays: 80 percent of all reasonable expenses for medically necessary medical, surgical, X-ray, dental, and rehabilitative services, including prosthetic devices and medically necessary ambulance, hospital and nursing services.

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