Being involved in a car accident can have far-reaching consequences. Understanding your rights and the injury compensation available to you is crucial for you to receive fair and just auto collision injury compensation. By familiarizing yourself with the legal framework, insurance requirements, types of damages, and the importance of seeking legal advice, you can ensure that you You should contact an experienced car accident attorney to guide you through the process and protect your rights.
The Legal Framework for Auto Collision Injury Compensation
Florida operates under a “no-fault” system when it comes to car accidents. This means that regardless of who is at fault for the collision, each driver’s insurance company is responsible for paying their own medical expenses and lost income up to their Personal Injury Protection (PIP) coverage. Florida law requires all drivers to carry a minimum of $10,000 in PIP coverage.
Filing an Insurance Claim
If you’ve been injured in a car accident, the first step is to file a claim for auto collision injury compensation with your own insurance company. It’s crucial to notify your insurance company about the accident as soon as possible, ideally within one or two days. The insurance company will evaluate your claim and provide compensation for your damages based on the terms of your policy.
The “Injury Threshold” and Personal Injury Claims
In some cases, when injuries are severe, you may be able to pursue a personal injury claim against the driver who caused the accident. Florida has an “injury threshold” that allows victims to seek compensation outside of the no-fault system. To meet the injury threshold, the following conditions must be met:
- Permanent injury
- Loss of bodily function
- Permanent scarring or disfigurement
- Death
If your injuries meet any of these criteria, you can pursue a personal injury claim against the at-fault driver.
Comparative Negligence Rules
Florida follows a comparative negligence system for auto collision injury compensation, which means that even if you are partially at fault for the accident, you may still be able to recover damages. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault and your total damages amount to $100,000, you would receive $80,000 in compensation.
Insurance Requirements in Florida
Florida law requires all drivers to carry a minimum of $10,000 in personal injury protection (PIP) coverage and $10,000 in property damage liability (PDL) coverage. PIP covers medical expenses and lost income resulting from accident-related injuries, while PDL covers damage to another person’s vehicle or property in an accident you caused.
Economic Damages
Economic damages are tangible losses that have a specific dollar value. They may include:
- Medical expenses: This includes the cost of initial medical treatment, hospitalization, surgeries, rehabilitation, medications, and future medical expenses related to your injuries.
- Lost wages: If your injuries prevent you from working, you can seek compensation for the income you have lost and any future lost earning capacity.
- Property damage: If your vehicle or personal property was damaged in the accident, you can claim the cost of repairs or replacement.
Non-Economic Damages
Non-economic damages are intangible losses that are more challenging to quantify but are no less real. They may include:
- Pain and suffering: Compensation for physical pain, emotional distress, and mental anguish resulting from the accident.
- Loss of enjoyment of life: Compensation for the inability to participate in activities and hobbies you previously enjoyed.
- Disfigurement: Additional compensation for any scarring or permanent disfigurement resulting from the accident.
- Loss of consortium: Compensation for the negative impact the injuries have had on your relationships with your spouse or family members.
Contact an Orlando Car Accident Attorney
If you’ve been injured in a car crash in Florida, don’t hesitate to seek legal representation. The Martinez Manglardi personal injury law firm has a team of experienced car accident attorneys ready to assist you in obtaining auto collision injury compensation. Call 407-846-2240 today for a free consultation. With multiple convenient locations throughout Central Florida, they can provide the guidance and support you need to navigate the complex process of auto collision injury compensation.
