Car crash settlements in Florida fall under the category of personal injury law. Personal injury law allows an injured person to seek compensation from the party responsible for their injuries. In a car accident case, the injured person (known as the plaintiff) must prove that the other driver (known as the defendant) was negligent or at fault for the accident. Negligence means that the defendant failed to exercise reasonable care while driving, which led to the accident and the plaintiff’s injuries.
To pursue a car crash settlement in Florida, you must have suffered a serious injury that resulted in significant damages. Examples of damages include medical expenses, lost wages, property damage, and pain and suffering. If you have suffered a minor injury, it may not be worth pursuing a lawsuit, as the cost of litigation may outweigh the potential recovery.
Understanding Fault in Florida Car Crash Settlements
Florida is a no-fault car insurance state, which means that each driver’s insurance company pays for their own insured’s damages, regardless of who caused the accident. However, there are exceptions to this rule if the accident results in serious injuries or if the damages exceed a certain threshold. In Florida, if a person’s injuries are permanent, significant, or involve disfigurement or scarring, they may be able to pursue a lawsuit against the at-fault driver.
To prove fault in a Florida car accident lawsuit, the plaintiff must show that the defendant breached their duty of care while driving, which caused the accident and the plaintiff’s injuries. Evidence that may be used to prove fault includes police reports, witness statements, physical evidence from the accident scene, and expert testimony.
What Damages Can You Recover in a Florida Car Crash Settlement?
If you are successful in your Florida car accident lawsuit, you may be able to recover damages for your injuries and other losses. The types of damages may be available depending on the specific circumstances of your case. Here are some examples of damages that may be recoverable:
- Medical expenses: This includes the cost of any medical treatment you received as a result of the accident, such as hospital bills, doctor’s visits, and physical therapy.
- Lost wages: If you were unable to work due to your injuries, you may be able to recover the wages you lost as a result.
- Property damage: This includes the cost of repairing or replacing your vehicle or any other property that was damaged in the accident.
- Pain and suffering: This refers to the physical and emotional distress you experienced as a result of the accident and your injuries.
- Loss of consortium: This refers to the loss of companionship or support that a spouse or family member may experience as a result of the plaintiff’s injuries.
The Statute of Limitations for Car Crash Lawsuits in Florida
If you are considering filing a car accident lawsuit in Florida, it’s important to be aware of the statute of limitations. The statute of limitations is the time limit within which a lawsuit must be filed. In Florida, the statute of limitations for a car accident lawsuit is four years from the date of the accident. If you do not file your lawsuit within this time frame, you may be barred from pursuing your case.
It’s important to note that the statute of limitations may be shorter in certain circumstances. For example, if the accident involved a government entity, you may need to file a notice of claim within a much shorter time frame. That’s why it’s important to consult with an experienced personal injury attorney as soon as possible after an accident.
The Role of a Personal Injury Attorney in a Car Crash Settlement
If you have been injured in a car accident in Florida, it’s important to consult with an experienced personal injury attorney. An attorney can help you navigate the complex legal system and increase your chances of winning a car crash settlement for your losses. Here are some ways that an attorney can assist you:
- Investigating the accident: An attorney can conduct a thorough investigation of the accident to gather evidence and determine who was at fault.
- Negotiating with insurance companies: An attorney can negotiate with the insurance company to try to reach a settlement that fairly compensates you for your damages.
- Preparing your case for trial: If a settlement cannot be reached, an attorney can prepare your case for trial and represent you in court.
If you’ve been injured in a car crash, talk to an Orlando car accident attorney at the Martinez Manglardi personal injury law firm. Call 866-730-3508 for a free consultation. The Martinez Manglardi personal injury law firm has been serving clients in Orlando and the surrounding areas for over 30 years. Convenient locations throughout Central Florida.
