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, the 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. Our car accident attorneys at Chalik & Chalik Injury Lawyers can help.
Recoverable Car Accident Damages
Compensation will vary based on your case but we can give you an idea of possible damages you can recover. You may be able to collect the following damages:
- Medical costs: Including hospital stays, prescription pain medication costs, reimbursement for lost wages and benefits, surgery expenses, doctor visits, x-rays
- Lost income: Including any paychecks you missed because of your injury
- Reduced earning capacity: Reflecting any future changes in your ability to earn due to your injury
- Pain and suffering
Some damages are only available in cases where you are eligible to file a lawsuit. We can tell you more about whether or not you can file suit.
If you are filing an insurance claim, 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.
Wrongful Death Damages
If you lost a loved one in a car accident, you could be facing serious financial challenges at the same time you are dealing with your loss. If someone else’s negligence caused your loved one’s death, we can help you seek compensation for the following:
- Funeral and burial expenses
- Medical costs for any final care your loved one required
- Lost income your loved one would have provided to your family
We can handle every aspect of a wrongful death claim on your behalf so that you don’t have to deal with these matters.
How Florida’s Car Accident Laws Can Affect Your Case
Each state has its own laws regarding the compensation of car accident costs. You should 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.
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 get the compensation that you deserve.
An Attorney Can Help You File 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.
Filing a car accident lawsuit requires demonstrating 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 another driver breached their duty of care via negligence.
- Causation: We must establish that negligent activity caused the car accident.
- Actual damages: We must prove that there were actual damages incurred as a result of a 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, per Florida Statutes §768.81. 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 the timeline imposed by Florida Statutes §95.11(3)(a). The amount of time that you have to file a claim with your insurance provider will depend on their specific protocols. However, all lawsuits 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.
What to Expect When You Contact Our Firm for Help
If you’re facing injuries after an accident, you may not wish to deal with the legal legwork of a claim or lawsuit. We can handle every aspect of your case for you. We offer the following services to our clients:
You likely have a lot of questions following the accident. You may be dealing with medical concerns and vehicle damages while attempting to navigate Florida’s laws. A free consultation allows us to get to know you and the details of your case. We can also give 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 filing a lawsuit, it is necessary to collect supporting documents.
We may assist you in retrieving these important documents:
- Medical records
- Police report
- Claims adjuster 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
- Filing specific documents.
On the other hand, you could also face complications as you proceed with an insurance claim. For instance, an insurer may try to offer you a lower settlement than your case truly warrants.
We can fight for every dollar available in your case and negotiate for your fair compensation. We will handle all communications with the insurance companies while you focus on your health.
Call Chalik & Chalik Injury Lawyers for a Free Case Review
Our car accident lawyers serving Sarasota, FL may be able to help you if you were in a car accident. We take pride in treating our clients like family. When you choose Chalik & Chalik Injury Lawyers, you can expect to work with our firm’s partners. You will also get guidance from a team that has won million-dollar settlements.
Call an attorney on our team today.
Call or text Chalik & Chalik (941) 315-4404