Injuries from a car accident can change your life forever. What you think is a minor injury could turn into a major injury and sideline you for months. But you may recover compensation for your injuries.
No-Fault Automobile Insurance in Florida
Drivers in Florida must carry $10,000 in personal injury protection (PIP) automobile insurance. If a car accident causes you to suffer an injury, you should first to your PIP coverage, regardless of who was at fault for the accident.
What does PIP cover?
- PIP pays 80 percent of your medical expenses and 60 percent of your lost wages up to $10,000.
- PIP pays $5,000 in death benefits.
- PIP does not pay for pain and suffering.
- PIP does not pay for property damage.
Miami Car Accidents Lawyer Near Me (855) 529-0269
Filing a Suit to Recover Compensation for Injuries in a Car Accident
To recover compensation for injuries in a car accident, you must prove that the other driver’s negligence caused your injury.
Proving a Driver Was at Fault for a Car Accident
Distracted driving causes many car accidents. A person may be talking on a cell phone, texting, adjusting a radio, correcting a child’s conduct, or simply daydreaming. Other causes include the following:
- A driver is following a car too closely.
- A driver is exceeding the speed limit.
- A driver does not obey a traffic signal.
- A driver is drunk or under the influence of drugs.
- A defective tire causes a driver to lose control of a car.
Contact a lawyer at Chalik & Chalik Injury Lawyers to investigate the cause of your traffic accident.
Effect of Your Own Fault in a Car Accident Lawsuit
Under Florida’s comparative fault, you are unable to recover compensation for the percent you are at fault for the accident. For example, let us say your expenses totaled $20,000 after an accident. If you were found to be 20 percent at fault, you would be unable to recover $4,000 of your damages. But if another party was 80 percent at fault, they would be responsible for $16,000 worth of damages.
Other Parties Who May Be Responsible for Your Injuries
The other driver may not be the only person against whom you can recover compensation for your injuries. The driver’s employer may be responsible if the driver acted within the scope of their employment. You can bring a product liability suit against a car manufacturer if a defect in the car, such as a defective tire, caused the accident or made your injuries worse.
Types of Injuries That Are Common in Car Accidents
The types of injuries in a car accident depend on many factors. Examples include whether you wore a seat belt, whether your vehicle rolls over, or whether your car leaves the roadway. Here are some common injuries:
- Injuries to the back
- Concussions or traumatic brain injuries
- Broken bones
- Neck injuries
- Internal injuries
Compensation That You May Recover for Your Injuries in a Car Accident
What compensation can you recover?
- Medical expenses, including future medical expenses and the costs of rehabilitation
- Lost wages
- Loss of earning capacity (the difference in what you could have earned and what you can earn in your injured condition)
- Compensation for your pain and suffering
- Compensation for mental anguish
Did your spouse or another relative die from injuries in a car accident? You can file a wrongful death action.
A car accident lawyer at Chalik & Chalik Injury Lawyers can negotiate with the insurance company to get you compensation for your injuries.
When to File Your Suit to Get Compensation for Your Injuries in a Car Accident
Under Florida’s statute of limitations, you must file a personal injury suit within four years of the accident. Do not wait until the time is about to expire to file your suit. Medical bills stack up quickly. If you are unable to work, you may not be able to pay creditors.
If you hire a car accident lawyer in Miami, FL, at Chalik & Chalik Injury Lawyers, we will work with your medical providers and your creditors. You can concentrate on recovering from your injuries. The sooner you call our firm, the quicker our attorneys can start working to get you fair compensation for your injuries.
What to Do After a Car Accident
There are actions you can take after the accident that may help or hurt your case:
- Get medical attention if needed. Even if your injuries are minor, you should get medical attention after the accident. Getting medical attention documents your injuries. Failure to get medical attention can hurt your credibility if you later claim an injury.
- Call the police.
- Take photographs of the accident scene. Make sure to take pictures of skid marks or any debris, such as pieces of a tire.
- Get insurance information from all drivers.
- Get names and contact information from any witnesses.
- Do not admit fault at the accident scene.
- Jot down notes about the accident.
- Keep a diary of your pain and symptoms. Note activities that your pain keeps you from doing.
- Cooperate with the insurance company. However, be weary of making statements that could hurt your case later.
- Do not sign anything without talking to a lawyer.
- Consult with a lawyer.
Did you suffer an injury in a car accident? If you hire our firm, our partners will work with you to get a reasonable settlement. Our attorneys will keep you informed on all negotiations. If you cannot get a just settlement, our attorneys will prepare your case and take the matter to court.
Call Chalik & Chalik Injury Lawyers in Miami, FL, at (855) 529-0269 for a free consultation.