Car accidents are a mess for so many reasons. The accident itself would be a traumatizing experience for everyone involved, especially if it were a bad car crash. But the medical bills, insurance issues, and legal proceedings in the aftermath make matters far more complicated. If you are new to Florida or have never been involved in a car accident, you might be wondering what the process is like.
How does filing a claim with your insurance company work? Do you need to file a lawsuit against the other driver? Can you file a claim? You have to deal with a ton of things after a car accident in Florida.
Working with experienced Pompano Beach personal injury lawyers can help you figure out what to do. However, it is important to know what you should expect after an accident, so you know what to expect when working with your attorney. This post will be your guide to understanding the complexities of Florida car accident cases for this purpose.
Florida’s Comparative Negligence Rule
Florida’s personal injury law is designed to provide substantial protection for all Florida residents in auto accident cases. However, the Sunshine State’s comparative negligence rule is one of the many reasons that auto accident cases are so complex here. According to the comparative negligence rule, every motorist involved in a car accident shares responsibility for the crash.
There are many instances where one driver is entirely at fault for causing the accident. If one driver is proven to be the at-fault party in causing the car wreck, they will be liable to compensate the other motorist and other people injured through their insurance policy.
It is rare for just one of the drivers to be proven as the sole at-fault party. Suppose that you were partly to blame for the accident. In that case, you may be liable to cover the damages for the crash based on the percentage of your blame in causing the accident – and the case will most likely go to court.
The jury will examine the facts of the case to determine your percentage of the fault in causing the accident. If you are less at fault for the incident, the amount in reparations you receive will have the corresponding amount deducted from it.
Suppose that the jury awarded you $50,000 in the car accident case for the damages, pain and suffering, and the medical bills, but it also found you 10% responsible for causing the accident because you were traveling slightly faster than the speed limit. In that case, you will receive $45,000 in total.
Similarly, if you are found mostly guilty of causing the car crash in this scenario and the jury determines you are 90% at fault. In that case, you will receive $5,000 when the case concludes.
Of course, not every car accident case goes to court. Florida’s no-fault system requires every motorist to carry at least $10,000 in Personal Injury Protection (PIP) coverage and $10,000 in property damage coverage. If you are involved in a car accident in Florida, you first need to go to your insurance company to seek financial help.
Unfortunately, filing an insurance claim with your own insurer after an accident can be a complicated experience. Your insurance provider will conduct an investigation of the accident scene and look for any evidence it can use to devalue the compensatory amount you should receive.
Steps To Take Immediately After Your Accident
Insurance company investigators look for any evidence that can help them lessen the compensatory amount you should receive. You need to take measures to ensure that they do not have any grounds to deprive you of full and fair compensation. You can take certain steps to strengthen your claim that your attorney can use to make a strong case for you.
The first thing you should do after an accident is to call the authorities. Calling the police to report the accident is a duty, especially if the accident was severe and resulted in significant damages, injury, or death. The police will file an unbiased report of the accident scene and their findings – a report that can be critical in making a strong claim with your insurance company.
You should also seek immediate medical care after the accident, even if you feel like you did not suffer severe injuries. It can help you find out any internal injuries with no obvious symptoms before they get worse. Additionally, your medical reports from after the accident can be crucial to your auto accident claim.
If you are able to, you should also document everything about the accident scene. Take pictures, make videos, and record any statements of cooperative witnesses who saw the accident. Documenting these things is crucial evidence that can help your lawyer make a stronger claim for you.
Additionally, you should exchange information with the other driver involved in the accident for insurance purposes. It is possible that you might need to file a third-party claim against the other driver outside Florida’s no-fault system. Filing a police report, seeking medical attention, and documenting all the evidence can be critical in the lawsuit if things get to that point.
Speak With An Experienced Personal Injury Lawyer Today
You might be wondering whether it might be worth the hassle to pursue getting your rights after a Florida car accident case due to all the legal complexities you will have to face. Fortunately, you do not need to deal with the overwhelming and headache-inducing issues when navigating Florida’s legal system.
Working with qualified Pompano Beach personal injury lawyers experienced in dealing with car accident cases can alleviate most of the stressful situations you can expect to face in the aftermath of a car accident. The right legal counsel can take over all the heavy lifting surrounding your car accident case. You can focus on your recovery knowing that a skilled legal team will handle everything else on your behalf.
Have you or someone you know been involved in an auto accident case in Pompano Beach? Consider getting in touch with Frankl Kominsky Injury Lawyers and working with their attorneys to get the help you need. The lawyers at this firm have a reputation for delivering desirable outcomes for clients and helping them protect their rights.
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