It is normal to feel overwhelmed and confused following a car accident. You probably have a lot of concerns surrounding the payment of your medical bills, repair needs of your car, and whether or not you will be able to return to work. Car accidents are usually expensive for everyone involved.
Working with a car accident lawyer that is familiar with Florida’s laws can help you find clarity in the car accident claims process. Call one of our car accident lawyers today at Chalik & Chalik Injury Lawyers at 941-315-4404.
Florida’s Car Accident Laws
Each state has their own laws regarding the compensation of car accident costs. It is important to understand these laws to know who is responsible for paying medical costs and car damages. Each state also has strict time limits in which you must file your claim.
Florida’s No-Fault Laws
Florida is one of the states that follow no-fault car accident laws. This means that Florida requires that all drivers carry personal liability protection (PLP) and property damage liability (PDL) insurance. Each policy must cover up to $10,000 in damages.
If you are involved in a car accident in the state of Florida, regardless of fault, you will seek compensation from your insurance provider. Every state that follows the no-fault policy has their own standard rules and procedures.
Filing a Car Accident Claim
Because Florida is a no-fault state, you will submit your car accident claim with your own insurance provider. The process will depend on the car insurance company. They may have specific requirements that you must follow. It is important to be cooperative with the insurance company while also still ensuring that you are getting the compensation that you deserve.
Recoverable Car Accident Damages
Filing a claim with the insurance company allows you to collect the following damages:
- Medical costs
- Medical costs of any passengers
- Health insurance deductible
- Funeral expenses
It is important to note that no-fault coverage has a maximum compensation of $10,000. Claims of pain and suffering are not eligible under a no-fault policy.
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Filing a Car Accident Lawsuit
You may be eligible to file a lawsuit against another driver in certain situations if they were at fault for the accident. This allows you to seek compensation from the responsible party for the costs that exceed your insurance coverage.
While what you may be able to recover compensation for will vary on your case, we can give you an idea of possible damages you can recover. These damages may include:
- Hospital stays
- Prescription pain medication costs
- Reimbursement for lost wages and benefits
- Surgery expenses
- Doctor visits
- Any other medical expenses
- Pain and suffering
Filing a car accident lawsuit requires that we demonstrate the following four elements:
- Duty of care: We must identify that the other driver held a legal duty of care.
- Breach of duty: We must demonstrate that the negligence of another driver breached that duty of care.
- Causation: We must establish that the negligent activity caused the car accident.
- Actual damages: We must prove that there were actual damages incurred as a result of the breach of duty.
It is not always easy to determine fault in a car accident. In some cases, the actions of both parties may have led to the accident. However, Florida’s comparative fault law does allow you to seek compensation for a car accident that you are partially to blame for. Your compensatory amount will be reduced by the percent that you are found to be at fault.
Statute of Limitations
It is also important to stay within Florida’s statute of limitations. While the amount of time that you have to file a claim with your insurance provider will depend on their specific protocols, all claims against another driver must be filed within four years from the date of the car accident.
There are some rare cases that can extend or shorten this timeline. Failing to stay within Florida’s car accident statute of limitations can result in your case being thrown out and making you ineligible for compensation.
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How We Can Assist You With Your Car Accident Case
It is normal to have a lot of questions following a car accident. You may be dealing with medical concerns, vehicle damages, and attempting to navigate Florida’s laws at the same time. A free consultation allows us to get to know you and the details of your case, while also giving you the opportunity to ask any questions you might have about the legal process.
Collecting Important Documents
Documents are often needed to demonstrate injuries, damages, and fault. Whether you are filing a claim with your insurance company or a filing a lawsuit, it is necessary to collect supporting documents. We may assist you in retrieving these important documents:
- Medical records
- Police report
- Claims adjustor report
- Income statement
- Witness statements
- Expert witness reports
Communicating With Insurance Companies
Consistent communication is important when dealing with insurance companies to ensure a timely and fair payout. Your insurance company may have specific requirements that need to be followed including filing a claim within a set period of time, seeing an approved physician, or filing specific documents. We will handle all communications with the insurance companies while you focus on your health.
Call Chalik & Chalik Injury Lawyers at 941-315-4404
A car accident lawyer in Sarasota, FL, from Chalik & Chalik Injury Lawyers may be able to help you if you were in a car accident.
Call a member of our team today at 941-315-4404.