When going through an insurance company to recover compensation for an accident, the insurance adjuster may attribute a higher percentage of fault to the person who is not their customer. It’s critical to be on the alert for this situation.
Getting into a car crash or any other type of accident in Florida that renders you injured can be a harrowing experience. While you will probably want to hold the other driver accountable for your personal injury and damages, it’s crucial to know that the state follows comparative negligence laws. This means that if you are partially responsible for your personal injuries, your compensation is reduced based on your level of fault.
What Does No-Fault State Mean?
Florida is a no-fault car insurance state, which means that if you experience a car accident, you would have to go through your auto insurance coverage to compensate you for the damages you have suffered.
Drivers must carry personal injury protection (PIP) coverage, which can compensate you up to 80% for your medical expenses, up to 60% for lost wages and loss of earning capacity, and death benefits, which are available at $5,000 per person.
What is Comparative Negligence?
The state also follows the laws of comparative negligence. This means that if you are found to be at a certain percentage at fault for the accident, you can recover the remaining percentage of the settlement you are seeking.
For example, if you were suing for $10,000 for a car accident that occurred when the other driver ran a red light, but you were traveling slightly over the speed limit, you might be found 10% responsible for it. As a result, you would be able to recover $9,000 in compensation if your personal injury claim is successful.
When going through an insurance company to recover compensation for an accident, the insurance adjuster may attribute a higher percentage of fault to the person who is not their customer. It’s critical to be on the alert for this situation.
What Are the Deadlines for Filing a Personal Injury Claim?
It’s essential to file your personal injury claim promptly. The statute of limitations to do so in Florida is four years from the date of the accident or when your injury first became apparent. This is the case for all civil lawsuits. However, depending on the details of your case, you may have less or more time. Talk to your lawyer to learn the deadline that applies to your case.
If you fail to file your personal injury claim within the statute of limitations, you will not be able to file it with the court. This means you will not be able to recover compensation to cover the costs of your medical expenses, lost wages, property damage, and other damages.
How is Fault Determined in Florida?
If the injuries you have sustained in the accident are not serious, Florida’s no-fault laws go into effect. This means that you would have to go through your own auto insurance carrier to recover compensation. Regardless of whether you are partially at fault for the accident, you are still entitled to recover damages if you have suffered injuries.
Having a West Palm Beach personal injury lawyer is essential if you have suffered severe injuries in a car accident. Your attorney can help ensure that you get the maximum compensation you are due for your damages.
Your lawyer can gather and examine all the relevant evidence in your case and determine how the accident occurred using an investigative team, if necessary. They will go through the other party’s insurance company to get you a fair and reasonable settlement. If a settlement isn’t reached, however, your attorney can ensure that the case goes to trial.
What Does Serious Injury Mean?
It’s crucial to understand what “serious personal injury” means in relation to no-fault, comparative negligence accident cases in Florida. A minor fender bender that results in temporary bruising would obviously be considered a minor injury. However, serious injuries could constitute the following scenarios:
- Permanent injuries
- Any injuries that render a person disabled due to permanent loss of a bodily function
- Injuries that result in permanent disfigurement or scarring
Seek Legal Assistance
If you have suffered injuries in Florida after a car accident, contact a personal injury attorney at your earliest convenience to discuss your case.
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