For many people, a car crash is their worst nightmare. An accident can result in an injury, expensive vehicle repairs, and lost income if they are forced to miss work during their recovery. Unfortunately, these types of car accidents happen far too often. According to the Florida Department of Highway Safety and Motor Vehicles, there were 41,114 crashes in Broward County alone in 2019.
A car crash creates enormous amounts of stress. That stress gets even worse when insurance companies refuse to pay for costs that should be covered. If you believe you have been injured in a car accident by someone else’s negligent actions in Plantation, Florida, or the nearby areas of Miami, Hollywood, Fort Lauderdale, or Pembroke Pines, call or reach out to my firm, the Law Offices Of Garry F. Connell, PA for help.
Florida is considered a no-fault state, meaning that no matter who caused the accident, each driver’s insurance is required to pay for their own medical bills. Every driver in the State of Florida is required to have Personal Injury Protection (PIP) insurance coverage on his/her auto insurance policy. This coverage ensures that, if you are in an accident, you will be compensated for up to $10,000.00 for your medical bills.
Even though Florida is a no-fault state, you can still file a claim against the other at-fault driver if your injuries are considered serious. Serious injuries can range from permanent limitations of the use of a body function to fractured bones. It’s important to speak with an experienced Florida personal injury attorney to find out if your injuries could be considered serious enough to pursue a claim against the other driver.
All Florida drivers must carry a $10,000 Personal Injury Protection insurance policy, which covers the driver’s medical bills in any car accident. Drivers must also have a Property Damage Liability policy of at least $10,000, which will cover damages they are responsible for to someone else’s vehicle or property. However, Florida does not require drivers to carry bodily injury coverage for injuries suffered by other drivers, passengers, pedestrians, and bicyclists that the driver causes.
When you are considering whether to file an insurance claim for a car crash in or near Plantation, Florida, keep these two key aspects of Florida law in mind: the statute of limitations and the pure comparative negligence system.
In Florida, the statute of limitations is four years. This means that you can file a claim against the responsible party for up to four years after the date of the accident. It’s important to note that this does not mean the four-year window begins from the date of your treatment or from when you discovered your injuries. The clock to take legal action begins ticking from the date the accident occurred.
If you are found to be partially at fault for a serious accident that took place in or near Plantation, Florida, then that will impact the compensation that you can collect. Florida’s pure comparative negligence rule states that any person who is assigned a percentage of fault for the accident will have their compensation reduced by the same percentage.
For example, if you suffered serious injuries following a car accident and the court decides to award you $100,000 in damages, but you are found to be 10% at fault because you were speeding at the time of the accident, your compensation would be reduced by 10% to account for your level of fault. This means that you would only be eligible to collect $90,000 from the original $100,000 that was rewarded to you by the court.
In many serious car accidents, injuries are not the worst outcome. If you lost a loved one due to the negligent actions of another driver, you have the option of pursuing a wrongful death claim. While no amount of compensation will ever replace the loss of a loved one, there is legal recourse you can take to seek compensation that can cover things like funeral costs, loss of consortium, and other damages. Your attorney can speak with you about how to file a wrongful death claim.
The requirements for a death to be considered “wrongful” are that someone wrongly causes the death of another. Typically this involves scenarios that would have led to a personal injury claim, but since the injuries resulted in death, the claim now becomes a wrongful death claim. The statute of limitations to file a wrongful death claim is two years from the date of death.
In Florida, only the personal representative (or executor) of the estate of the person who passed away, can file a wrongful death lawsuit.
A car accident can change your life forever. It can leave you with devastating injuries that require months or even years of treatment and rehabilitation. No one should have to go through those challenges on their own. That’s why I’m proud to work with car accident victims and their families to help them pursue the compensation they need and deserve.
If you’ve been injured in a car accident, I want to do everything I can to ensure that you’re compensated fairly for what happened. I have years of experience as both an insurance claims adjuster and insurance defense attorney. I’m highly qualified to help you stand up to the insurance companies, protect your rights, and ensure that you exhaust all of your legal options so that you can get the justice you deserve. If you’ve been injured in an accident, don’t wait. Call or reach out to my firm, the Law Offices Of Garry F. Connell, PA, today to schedule a free case consultation.
If you or someone you know has been injured in a car accident, you’re not alone. With over 20 years of experience working with car accident victims, I have the knowledge and experience you need to pursue the justice you deserve. If you’ve been in a car accident in Plantation, Florida, or in the surrounding areas of Miami, Hollywood, Fort Lauderdale, or Pembroke Pines, I am available to help you pursue fair compensation. Reach out for a free, no-obligation consultation with me and my team today at the Law Offices Of Garry F. Connell, PA.