Most of us have witnessed at least the aftermath of a car accident at one time or another. Few people realize, however, how often these types of accidents actually occur, especially in Florida, which is consistently ranked one of the most dangerous states for motorists, pedestrians, and cyclists alike. For instance, the Florida Highway Safety and Motor Vehicles estimates that 403,626 car accidents took place in Florida, in which 236,157 people sustained injuries, in 2018 alone.
While it is possible to recover compensation for car accident-related injuries, doing so can be a difficult process, as Florida is a no-fault auto insurance state. Those who exceed the limits of their policy or who sustain serious injuries in their collisions can, however, step outside of the no-fault system and seek compensation directly from the at-fault party. Whether seeking compensation from an insurer or an at-fault driver, you should consider speaking with a knowledgeable Venice car accident attorney who can help give your claim the best possible chance of success.
Our firm is dedicated to getting excellent results that help you get back on your feet after a serious injury.
Who Can File A Car Accident Claim In Florida?
Under Florida’s no-fault auto insurance system, car accident victims are required to seek compensation for their injuries through their own insurers, regardless of who caused the accident. When this policy is exceeded, however, or an injury is especially serious, a car accident victim may have the option of filing a claim in court. To qualify as serious in Florida, a person’s injury must:
- Involve the significant and permanent loss of an important bodily function;
- Involve a permanent injury;
- Involve significant and permanent scarring or disfigurement; or
- Result in death.
When a person’s injury falls under one of these categories, he or she can file a claim against the at-fault party in court. If successful, injured plaintiffs will not be limited to recovering compensation for medical expenses and lost wages, but can also pursue compensation for pain and suffering and emotional distress.
How Long Do I Have To File A Claim?
Those who qualify for court filings must still ensure that they are complying with the state’s relevant statute of limitations. For instance, in Florida, car accident victims must file their claims within four years of the date of their injury. Unfortunately, individuals who fail to comply with this deadline will almost always be barred from pursuing their claim in court, which in turn, means that injured parties could be left on the hook for accident-related expenses that exceed the limits of their policy.
Can I Recover Compensation If I Contributed To My Accident?
Injured parties who contribute to their own accidents in Florida are not automatically barred from recovering compensation. This is because Florida follows the legal theory of comparative negligence, under which negligent plaintiffs can still collect compensation for their losses, but in an amount that is reduced to reflect their degree of fault in causing an accident.
Were You Injured In A Florida Car Accident?
Those who are injured in car accidents through the negligence of someone else often face obstacles when it comes to obtaining compensation for their medical bills. For help pursuing your claim, please call the experienced Venice car accident attorneys at Hale Law today. You can reach us by calling our office at 1-800-800-1414 or by sending us an online message.
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