Car accidents are far too common despite all the safety features in modern cars designed to prevent them from happening. Car accidents can be a traumatizing experience for everyone involved, and many of them result in severe injuries. One of the most pressing concerns for people involved in car accidents is who will help them and cover the expenses due to the accident.
Florida is a no-fault state and if you have been injured in a car accident in Florida, you might be wondering what you can do. Should you hire a lawyer? How do you know whether the settlement being offered to you by the insurance company is fair? What should you do when the damages you have incurred exceed the limit of your PIP policy?
It is crucial to protect your right to full compensation after a car accident, but it is not a simple task. Fortunately, Florida has some unique laws that protect people involved in car accidents and helps them seek the rightful compensation for their losses.
Today, we discuss some of the most important facts about Florida personal injury lawsuits after car accidents to help you make well-informed decisions and protect your right to fair compensation.
7 Facts About Florida Personal Injury Lawsuits After Car Accidents You Should Know
Here is a list of the crucial facts about Florida personal injury lawsuits after car accidents you should know:
1. You could be entitled to receive compensation from your insurance provider
Since Florida is a no-fault state, the first option you have when seeking compensation is to file a claim under your PIP policy. Personal injury protection is mandatory in Florida and if you were seriously injured in the accident, you can rely on your PIP policy to cover the costs, regardless of who was responsible for the accident.
If you suffered severe injuries and the other driver is underinsured or has no insurance, you might also be entitled to seek compensation under your underinsured/uninsured motorist coverage.
2. You might be entitled to receive compensation from the other driver’s insurance provider
Depending on the severity of your injuries, you can also file a claim against the other driver’s insurance company, provided that the other driver was at least partially at fault for causing the accident. Your PIP policy will cover your medical expenses and lost wages, but it does not cover your property damage or that of the other driver’s vehicle.
Filing a personal injury lawsuit against the other driver, provided that the case allows for it, you may be entitled to full compensation for all the damages, including property damage, from the insurance provider for the at-fault driver.
3. Dealing with insurance companies is not a walk in the park
It is an unfortunate reality that working with insurance companies to seek compensation is not an easy task. Insurance companies prefer to pay as little as they can for a policyholder’s coverage. It even applies to people claiming compensation through their own PIP policies.
Insurance companies are legally obligated to handle your case in good faith. However, they are not obligated to inform you of your legal rights. This means that they will not help you understand how to maximize your claim for just compensation. You will likely have to face adversity while collecting the benefits you deserve.
4. You should seek immediate medical care after the accident
Even if you did not suffer severe injuries in the accident, it is crucial to seek medical care immediately after the accident. Do not make the mistake of brushing aside your injuries because many injuries incurred in an accident start showing symptoms much later.
Failing to see a doctor immediately and receiving a full examination immediately means that if you start experiencing symptoms from your injuries later, the insurance company can claim that you suffered those injuries after the accident. Seeing a doctor right away can be critical to protecting your right to fair compensation.
5. Never be too quick to accept a settlement offer from the insurance company
If the other driver was clearly at fault for the accident, their insurance company might try to preemptively offer you a settlement to have you forgo a personal injury lawsuit. By offering you a quick settlement, the insurance company for the at-fault driver might make it seem like they empathize with you and want to be proactive in helping you. However, it could be an attempt to get away with paying you far less than you could ultimately be eligible for.
If you accept a settlement before you know the full cost of your damages, you might waive your right to seek additional compensation. It is always wise to be patient and get the necessary legal advice from an experienced attorney before you accept any settlement.
6. You might have to gather evidence
If you plan to file a personal injury lawsuit to claim compensation from the at-fault driver’s insurance company, you will need to establish that the accident was their fault. Obtaining strong evidence is the key to securing fair compensation after suffering injuries in a car accident.
You will need to collect evidence to prove the cause of the accident and for the extent of your financial and non-financial losses to make a strong claim. Ideally, working with a personal injury attorney who specializes in dealing with Florida car accidents can help you here.
7. An experienced personal injury attorney can help you get rightful compensation
If you have been involved in an auto accident in Florida, you are not legally obligated to hire an an attorney to file a claim with your PIP policy provider. However, it is always a smart idea to have an attorney to provide guidance and answer any questions you might have throughout the legal process.
There is also a possibility that your insurance provider might deny your coverage or the expenses resulting from the accident might exceed the limits of your policy. Having a skilled personal injury lawyer in Florida can be crucial to help you get the money you deserve. Consider asking the professionals at Frankl Kominsky Injury Lawyers to help you seek the fair compensation that you need to recover.
The attorneys at Frankl Kominsky Injury Lawyers have years of experience working with clients to help them pursue the compensation they deserve in their personal injury claims. The experienced lawyers from the firm have an excellent track record, work on a contingency fee basis, and will go to court if needed.
If you’re looking for an experienced and qualified Fort Lauderdale personal injury lawyer who will go the distance to help you seek fair compensation for your personal injury case, working with Frankl Kominsky Injury Lawyers can be ideal for you (by appointment only).
