If you suffered from a West Palm Beach car accident in Florida, you may be wondering who is going to pay for the costs incurred, and whether or not these new injuries are going to affect your ability to work. A car accident lawyer from Chalik & Chalik Injury Lawyers may be able to help.
How We Can Assist You With Your Car Accident Case
Every case starts with a complimentary consultation. This is an important part of the process as the details of every accident differ. During the confidential and complimentary consultation, we will get to know you and the details of your case.
We will also discuss the next steps and how we plan to get you the compensation that you deserve. The complimentary consultation is also a great time for you to get to know our car accident lawyers and to ask any questions you might have about the legal process.
Handle Communication With the Insurance Provider
Because Florida is a no-fault state, we will first seek compensation from the insurance provider. It is important that we follow the timelines and requirements of the insurance company. For example, the insurance company might require that you file your claim within a specific period of time. They might also require that you seek medical care from an approved physician. We can assist you in meeting these insurance set guidelines to ensure you are fairly compensated.
File a Third-Party Lawsuit
If a third-party lawsuit makes sense for your case, we may assist you by representing you during the process. We can establish fault and determine that the four elements of personal injury are present. While settlement offers are common in car accident cases, our legal team is ready to take your case to trial if the settlement amount does not appropriately cover your costs incurred.
Find a West Palm Beach Car Accidents Lawyer
Near Me (561) 899-5020
Florida’s Car Accident Laws
By understanding Florida’s car accident laws, we can determine the best legal steps to take for your case.
Florida’s No-Fault Car Accident Laws
Florida is a no-fault state. This means that regardless of fault, you can seek compensation for your injuries from your insurance provider. The state requires all Florida drivers to carry a minimum of $10,000 in personal injury protection (PIP) and a minimum of $10,000 in property damage liability (PDL).
Depending on the outcome of the car accident, it is possible to have damages that exceed the $10,000 limits. If injury costs exceed this amount, we can seek compensation through a third-party lawsuit.
Third-Party Lawsuit Legal Requirements
A third-party lawsuit seeks compensation from the responsible party. In order to demonstrate fault, we must establish the following four elements of personal injury:
- Duty of Care: We must demonstrate that the other party held a legal duty of care for your safety.
- Breach of Duty: We must establish that the defendant breached that duty of care by acting negligently or recklessly.
- Causation: We must demonstrate that the breach of duty did cause the accident to occur.
- Actual Damages: We must determine that actual damages occurred. These are the costs that we may seek to recoup.
Recoverable Damages in A Florida Car Accident Case
Car accident costs can quickly add up. Medical procedures and physician visits can be expensive. Household tasks can also add up if you are unable to work. Florida allows us to seek compensation for the following costs:
- Medical costs
- Lost wages
- Diminished earning capacity
- Pain and suffering
- Household tasks
- Temporary transportation
- Loss of consortium
Pure Comparative Negligence Laws
Fault is not always simple to establish. In many car accident cases, both parties are partially to blame. Florida is a pure comparative negligence state. This means that even if you are partially to blame for the car accident, you can still seek compensation. However, the court will likely reduce your compensation amount by the percentage that you are at fault.
It is important that we establish that the defendant was at fault in order to demonstrate personal injury and to stay within the pure comparative negligence laws. We will assist you in determining fault by collecting the following types of documents:
- Police records
- Claims adjustor report
- Medical records
- Witness statements
- Expert witness statements
Car Accident Statute of Limitations
We must also stay within Florida’s statute of limitations for filing a third-party lawsuit. Following the general rule, we must file all lawsuits within four years from the date of the accident. However, it is also possible that this statute of limitation is shorter or longer, depending on any rare details of the car accident.
If you think you might be eligible for a third-party lawsuit, it is important to discuss the details of your case with a car accident lawyer as soon as possible.
Chalik & Chalik Car Accidents Lawyer Near Me (561) 899-5020
Contact a Car Accident Lawyer in West Palm Beach, FL
No matter where your accident occurred, a car accident lawyer in West Palm Beach, FL, may be able to help. A car accident lawyer that is familiar with Florida’s no-fault laws and third-party lawsuit process can help you get the compensation that you deserve. Our team specializes in personal injury law and is ready to evaluate the details of your case.
Call us at (561) 899-5020.
Call or text Chalik & Chalik (561) 899-5020