What Can I Claim After a Car Accident?
May 22, 2022
If you’re in a car accident, you need to know what you can and can’t claim. Car accidents are expensive and you may need funds from your insurance provider or the responsible driver.
Car Insurance Requirements in Florida
Every driver in Florida is required to carry auto insurance. Florida law requires all drivers to carry at least:
- $10,000 personal injury protection (PIP)
- $10,000 property damage liability (PDL)
Florida is a no-fault auto insurance state. This means that each driver is responsible for carrying their own insurance policy. If you’re injured in a car accident, your own insurance company will cover up to the maximum for your injuries or vehicle damages. If your injuries or damages go beyond this amount, which can happen in some car accidents, you may be able to step outside of the no-fault laws.
What Other Compensation Options are Available?
If you have property damages or medical bills that exceed the minimum $10,000 coverage required in Florida, you may want to consider other options. Your best option may be to file a personal injury case against the responsible driver. This claim seeks compensation directly from the at-fault drive.
If you’re eligible to file a personal injury lawsuit against the at-fault driver, you’ll want to stay within Florida’s statute of limitations. Florida limits personal injury lawsuits to just four years from the date of the accident.
It’s also important to know about Florida’s comparative negligence laws. This means that it’s possible for more than one driver to be partially responsible for the accident. For example, if the other driver was speeding, but you were also distracted, you may both be deemed to be at fault.
In a comparative negligence state, as long as you were less than 50% at fault, you can still seek compensation through a personal injury case.
Recoverable Costs in a Personal Injury Case
It’s important to know what costs you can recover to help you decide if it’s worth it to pursue a personal injury case. The most common recoverable cost is medical bills. A car accident can lead to emergency care, surgical costs, physical therapy, and ongoing rehabilitative care. You may also have property damages, which is the cost of repairing or replacing your vehicle.
Car accidents can be subject to other costs, like lost wages. If a car accident is bad enough, you may not be able to return to work. If the injury is bad enough, you may never earn the same wages as you once did.
Pain and suffering are also commonly a part of personal injury cases. Pain and suffering refers to the way in which your injuries affect your physical and mental health. Being injured can affect your overall mood. It can prevent you from enjoying hobbies that you once did. All of these things should be compensated, just as your property damages and medical bills should be.
Personal injury claims can be lengthy and expensive, so it’s best to discuss your case with a lawyer first to determine if you have a case.
Contact a Pembroke Personal Injury Lawyer to Discuss Your Car Accident Case in Florida
Did you or a loved one sustain serious injuries due to a car accident in Florida? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Lawlor, White & Murphey represent clients injured because of a car accident in Pembroke, Plantation, Fort Lauderdale, Weston, and throughout Florida. Call 954-525-2345 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 2211 Davie Blvd, Fort Lauderdale, FL 33312, as well as offices in Pembroke Pines, Weston, Coconut Creek, Plantation, and Pompano Beach, FL.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.