Sometimes you need to sue for a car accident. Car accidents in Florida can have devastating consequences, causing significant injuries, property damage, and even loss of life. If you have been involved in a car accident in Florida and believe that another party’s negligence was responsible for the incident, you may have the right to sue for compensation.
It’s usually best to consult an attorney if you need to sue for a car accident. 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 407-846-2240 for a free consultation.
Understanding Car Accident Laws in Florida
Before deciding if you can sue for a car accident, you need to have a basic understanding of the relevant laws in Florida. Here are some key points to be aware of:
1. No-Fault Insurance: Florida operates under a no-fault insurance system. This means that regardless of who is at fault for the accident, each party’s insurance company is responsible for covering their own medical expenses and property damage, up to the limits of their policy.
2. Comparative Fault: Florida follows a comparative fault rule when determining liability and compensation in car accident cases. If multiple parties are found to be partially responsible for the accident, the court will assign a percentage of fault to each party and adjust the compensation accordingly.
3. Statute of Limitations: In Florida, there is a time limit within which you must file a lawsuit for a car accident. The statute of limitations for filing a personal injury lawsuit is generally four years from the date of the accident. However, if you are seeking medical benefits through your Personal Injury Protection (PIP) insurance, you must seek medical attention within 14 days of the accident.
4. Reporting Requirements: Florida law requires all drivers involved in an accident with property damage exceeding $500 to report the incident to law enforcement.
When to Consider to Sue for a Car Accident
While most car accident cases can be resolved through insurance claims, there are situations where filing a lawsuit becomes necessary. Here are some scenarios where you might need to sue for a car accident in Florida:
1. Insufficient Insurance Coverage: If your injuries and damages exceed the limits of your own insurance coverage, you may need to pursue a lawsuit against the at-fault party to seek additional compensation for medical expenses, lost wages, pain and suffering, and other damages.
2. Disputes Over Liability: If there is a disagreement over who was at fault for the accident or if the insurance company denies your claim, filing a lawsuit can help establish liability and hold the responsible party accountable.
3. Severe Injuries or Long-Term Disability: If the accident resulted in severe injuries or long-term disability, the compensation provided by insurance may not be sufficient to cover your ongoing medical expenses, rehabilitation costs, and loss of earning capacity. In such cases, a lawsuit can help you seek full and fair compensation.
4. Product Liability Claims: If the accident was caused by a defective auto part or a poorly designed vehicle, you may have grounds to file a product liability claim against the manufacturer or distributor of the faulty product.
5. Drunk Driving or Reckless Behavior: If the at-fault driver was under the influence of alcohol or drugs, or engaged in reckless behavior such as distracted driving, you may be able to sue for punitive damages in addition to compensation for your injuries.
Call 407-846-2240 for a free consultation with an Orlando car accident attorney at the Martinez Manglardi personal injury law firm. Convenient locations throughout Central Florida.
