Being injured in a car accident can be a traumatic experience. It can be even more emotional if the accident is due to another driver’s carelessness. In that case, you have the legal right to file a personal injury claim to recover the damages you incurred. Here, we’ll explore the process of filing a car accident claim, as it can significantly increase your chances of receiving a full settlement.
Essential Things to Know About Florida’s Car Accident Claim Process
Florida is among twelve states in the US that have no-fault laws. This means that the courts do not get involved in car accident cases unless there are catastrophic injuries or reported fatalities – the more reason to seek the services of a car accident lawyer. Since Florida is a no-fault state, every driver must obtain Personal Injury Protection Insurance (PIP) with a minimum of $10,000 in coverage and a $10,000 coverage limit for Property Damage Liability (PDL). However, a car accident with significant injuries or the loss of a loved one is likely to leave you with extensive medical expenses, loss of wages, pain and suffering. In these situations, you may want to hire a car accident lawyer to determine if you are due more compensation.
How to File a Car Accident Claim in Florida
A car accident claim may assist you in recouping compensation you’re due after a car accident, either from your own insurance company or from the other driver who was at fault.
Seek Medical Attention
The first step after a car accident is to prioritize your health and safety. Seek immediate medical attention for any injuries, regardless of severity. Not only is this crucial for your well-being, but it also establishes an official record of your injuries, which can be valuable when filing an injury claim. Ensure you retain all medical records, bills, and receipts related to your treatment and recovery, as they will be necessary for establishing damages and supporting your car accident claim.
In addition, there are several other legal reasons to seek medical care quickly:
- The opposing party would use any delay against you by asserting that your injuries must not have been that serious if you delayed treatment.
- The opposing party will likely use any delay to assert that the accident did not cause your injuries. They could claim, for example, that you didn’t get hurt until after the accident.
It is best to err on the side of caution. Remember that some car accident injuries, such as back injury or whiplash, can take time to manifest symptoms.
Collect Evidence
Gathering evidence is vital in building a solid car accident claim. Start by documenting the accident scene, including photographs of the vehicles involved, property damage, and any visible injuries. Obtain contact information from any witnesses and note their statements. You will also need to do the following:
- Obtain a copy of the accident report, if any. In Florida, individuals must report any accident that causes over $500 in property damage or personal injury. Obtain copies of your medical records.
- Seek documentary confirmation of your lost earnings from your employer.
- Retain (and copy) all documentation related to your car accident claim, such as medical bills, payments for childcare, towing fees, car repairs, rental car costs, etc.
- Keep a journal in which you add daily entries that describe the pain you are suffering and how your injuries affect your everyday life.
The more evidence you can gather, the better your chances of proving liability and strengthening your car accident claim.
Notify the Insurance Companies
Promptly notify your insurance company about the accident, even if you believe the other party is at fault. Provide them with accurate details about the car accident while avoiding speculations or accepting responsibility. In Florida, your mandatory personal injury protection (PIP) covers the first $10,000 of any claim settlement in the state’s “no-fault” insurance system. As a result, your initial insurance filing must take place within the first two weeks after the car accident. . However, if you have suffered significant injuries, high-value property damage, or the loss of a loved one, consider hiring a car accident attorney right away to assist in settlement negotiations, and potentially file a claim for additional compensation.
How Long Do You Have to File a Car Accident Lawsuit?
Florida has a statute of limitations of four years from the accident date for most car accidents that result in injury. If you do not file a car accident lawsuit within four years, you cannot pursue it further. If you’ve been the victim in a car accident, do not wait to contact an experienced car accident lawyer. Collecting and sorting through significant evidence and information is necessary before filing your car accident claim. Give yourself and your attorney as much time as possible by filing immediately.
Hire an Experienced Florida Car Accident Lawyer
Consider hiring an experienced car accident lawyer who specializes in car accidents. They can provide valuable guidance and navigate the legal complexities on your behalf. A lawyer will evaluate the strength of your case, help you understand your rights, and advocate for your best interests. They will negotiate with insurance companies and, if necessary, represent you in court. Remember that Florida has a statute of limitations for filing car accident claims, typically within four years after the accident that generated the injuries, so acting promptly and seeking legal advice is essential. This deadline does not apply to non-negligence cases such as strict liability and intentional misconduct.
File a Car Accident Lawsuit, if Necessary
Your attorney may suggest filing a lawsuit if your insurance settlement doesn’t fully cover your losses following a car accident. This legal action seeks additional compensation beyond what insurance policies offer. Your attorney will help you through the litigation process, ensuring all documents are filed correctly and representing your interests in court. With an experienced car accident lawyer, you can receive compensation for medical expenses, lost wages, pain and suffering, and other damages.
Contact the St. Petersburg Car Accident Firm of McKyton Law for Help Today
McKyton Law, an experienced car accident attorney in St. Petersburg, Florida, is ready to assist you or your loved ones who have suffered harm due to someone’s negligence. We will guide you through the process and work to ensure that you receive full compensation for your injuries. Don’t hesitate to contact us today.