Motor vehicle collisions can be devastating, resulting in injuries, property damage, and emotional trauma. If you have been involved in a car accident in Florida, it is crucial to understand the laws and regulations surrounding these incidents. If you’ve been injured in a motor vehicle collision in Florida, call 407-846-2240 for a free consultation with an Orlando car accident attorney at the Martinez Manglardi personal injury law firm.
I. Florida’s No-Fault Car Insurance System
Florida operates under a no-fault car insurance system, which means that after a car accident, individuals turn to their own insurance companies to seek compensation for their medical expenses and other losses, regardless of who was at fault. This system aims to provide quick and efficient resolution for minor accidents and reduce the burden on the court system.
Under the no-fault system, Florida drivers are required to carry personal injury protection (PIP) insurance, which covers medical expenses, lost wages, and other related costs. However, there are certain thresholds that must be met in order to step outside of the no-fault system and file a liability claim against the at-fault driver.
II. Motor Vehicle Collision Lawsuits Outside the No-Fault System
To pursue a liability claim against the at-fault driver in Florida, the following thresholds must be met:
- Significant and Permanent Loss of a Bodily Function: If the accident results in a significant and permanent loss of a bodily function, such as the loss of a limb or paralysis, you may be eligible to file a liability claim.
- Permanent Injury: If the accident causes a permanent injury, as determined by a medical professional, you may be able to step outside of the no-fault system and seek compensation through a liability claim.
- Significant and Permanent Scarring or Disfigurement: If the accident results in significant and permanent scarring or disfigurement, you may have grounds for a liability claim.
- Death: If the motor vehicle collision leads to the death of a loved one, you may be able to pursue a wrongful death claim against the at-fault party.
III. The Statute of Limitations for Car Accident Lawsuits
It is important to be aware of the statute of limitations for filing a car accident lawsuit in Florida. The statute of limitations sets a time limit within which you must initiate legal action. In most car accident cases, you have four years from the date of the accident to file a lawsuit.
However, it is crucial to note that the statute of limitations may vary depending on the circumstances of the case. For example, if the accident resulted in a wrongful death, the statute of limitations is reduced to two years.
IV. Comparative Fault in Florida
Florida follows a comparative fault system, which means that the amount of compensation you receive may be reduced if you are found to be partially at fault for the accident. Under Florida’s pure comparative fault rule, your compensation is reduced by the percentage of fault assigned to you.
For example, if you are found to be 20% at fault for the accident and the total damages amount to $100,000, your compensation will be reduced by 20% ($20,000), resulting in a final award of $80,000.
VI. Hiring an Orlando Car Accident Attorney
If you have been injured in a car accident in Florida, it is advisable to consult with an experienced car accident attorney. An attorney can provide valuable guidance throughout the legal process, protect your rights, and ensure that you receive the compensation you deserve.
The Martinez Manglardi personal injury law firm in Orlando has a team of skilled car accident attorneys with a proven track record of successfully handling motor vehicle collision cases. They offer a free consultation, allowing you to discuss your case and explore your legal options without any financial obligations.
To schedule a free consultation with an Orlando car accident attorney at the Martinez Manglardi personal injury law firm, call 407-846-2240. We have convenient locations throughout Central Florida.
