If you were injured in a car accident in Florida, you may be facing expensive medical bills, lost wages, and other tangible and intangible losses. You may be able to recover compensation for these losses by filing a car accident claim.
At Gould Cooksey Fennell Law Firm, we understand that many people are confused about their legal rights and options after car accidents. That is why we provide a free, no-obligation consultation to discuss the legal process of seeking compensation for the damages you have sustained. Contact us today to arrange your free case review.
How a Car Accident Settlement Works
The vast majority of personal injury cases do not go to trial and are resolved through a car accident settlement. According to data from the Bureau of Justice, only four percent of personal injury cases go to trial in the United States.
Instead of going to trial, most car accident cases are resolved through a settlement with an insurance company. Tort law establishes the right of accident victims to be compensated when someone else’s negligence injures them. This law aims to put accident victims in the same position they were in before the accident. Insurance companies agree to indemnify the people they insure so that they are not personally liable for the harm they cause.
However, insurance companies have the right to investigate claims and determine whether the policy provides coverage. Insurance adjusters are trained to deny and reduce claims as much as possible to protect the company’s profit margin.
Because accident victims are in an adversarial position to the insurance company, they may choose to hire a car accident lawyer to help them. Experienced lawyers can handle the claims process, manage communication with insurance companies, and file the necessary paperwork. They also negotiate for maximum compensation.
If you settle with the insurance company, you agree to accept a certain amount of money in exchange for giving up the right to sue the at-fault driver.
Steps in the Car Accident Settlement Process in Florida
The car accident claim process involves many steps, including:
Reporting the Accident
Florida law requires drivers to report any accident they are involved in that results in injury, death, or $500 or more of property damage. A law enforcement officer can complete a detailed accident report that explains how the accident happened, records the driver’s statements, and includes other useful information. Even if a police officer does not respond to the accident, you must file a written report within ten days of the motor vehicle accident.
The insurance company will request that you provide a copy of the police report when you file your insurance claim.
Seeking Medical Attention
In some car accident cases, the victim is taken immediately away from the scene to receive treatment at the nearest emergency room. In other situations, accident victims may not experience injury symptoms until after the collision and start treatment after the accident.
Accident victims may continue to receive treatment for weeks, months, or even years after the collision. They will want to keep all of the medical records and medical bills associated with the accident to aid in their car accident claim.
Consulting with a Car Accident Lawyer
Accident victims should contact an experienced car accident attorney as early in the process as possible. A personal injury lawyer can protect your legal rights and advise you on the next steps to take in your case. They can also serve as your legal representative so you do not have to directly communicate with insurance companies or adjusters.
Many personal injury lawyers offer free case reviews, so you can learn more about the process without any payment or obligation.
Investigating the Case
Your car accident lawyer can investigate the car crash, which may involve the following:
- Reviewing accident reports
- Interviewing witnesses
- Analyzing photos or videos you or others took of the accident scene, your injuries, property damage to all vehicles involved in the accident, and other details
- Reviewing any physical evidence at the scene of the accident
Filing a Personal Injury Protection Claim
Florida is a no-fault state for car accidents, so accident victims must begin the claim process by filing a personal injury protection (PIP) claim with their insurance provider. PIP insurance provides limited coverage up to your policy limits (usually $10,000) in the following ratios:
- 80% of reasonable medical expenses due to accident-related injuries
- 60% of lost income if your injuries prevent you from working
- 100% of replacement services for childcare or other household responsibilities the injured person would have performed had they not been injured
- $5,000 in death benefits if the collision is fatal
There are special rules and procedures that you must follow to receive payment under your PIP insurance. You must seek medical treatment within fourteen days of the car crash to receive medical benefits payments. The law considers your claim overdue if the insurance company does not pay it within 30 days of receiving written notice of the claim.
Filing a Claim for Property Damage
Florida law requires all motorists to maintain property damage liability coverage of at least $10,000 to cover the property damage they cause to another vehicle. You can file a claim with the at-fault driver’s liability insurance provider for payment for your damaged vehicle.
Determining If You Have Suffered Serious Injuries
Lawmakers passed Florida’s PIP system to prevent minor accident cases from clogging the court system and provide an efficient way to resolve minor car accident claims. However, if you have suffered certain severe injuries as defined by Florida law, you can seek compensation for the full extent of your damages, including pain and suffering. Florida law defines a serious injury as any of the following:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant scarring or disfigurement
- Death
An experienced car accident lawyer can review your medical records and work with your medical providers to determine if you meet this injury threshold.
Determining Your Damages
If you can step outside the PIP system, you can seek compensation for the full extent of the economic and non-economic damages you sustained in the accident, including:
- Medical expenses
- Lost wages
- Reduced earning capacity
- Costs to repair or replace your vehicle
- Out-of-pocket expenses
- Pain and suffering
- Emotional distress
- Lost quality of life
Your car accident lawyer can gather evidence to substantiate the value of your losses, such as:
- Medical bills
- Medical records
- Paystubs that show your lost wages and used benefits
- Journal entries regarding your pain and suffering
- Invoices, estimates, and receipts
In some cases, a personal injury lawyer will work with medical experts, economists, or other professionals to estimate the long-term effects of car accident injuries.
Preparing a Demand Letter
Your lawyer prepares a demand letter that describes the following information:
- How the accident happened and details of the crash
- Why the insured is the at-fault party for the accident
- The amount of compensation you are willing to accept to resolve your claim
- A statement of your intent to pursue litigation if the insurance company does not meet your demands
Negotiating for Fair Compensation
After the insurance company receives your lawyer’s demand letter, the insurance company can pay the amount requested, deny your claim, accept part of your claim, or negotiate a different settlement value. Your lawyer and the insurance company may participate in several rounds of negotiation.
If your case is not settled, you have the option of filing a personal injury lawsuit to pursue compensation.
Settling Your Legal Claim
If you settle your claim, the insurance company must pay the agreed value within 20 days, or it will be responsible for paying you interest. When you settle your claim, you sign a release of liability and agree not to sue the insurance company or at-fault driver in any action related to the accident.
Litigating a Car Accident Case in Florida
If your case does not settle, your car accident lawyer can proceed with litigation and take your case to trial. This process involves the following steps:
File a Car Accident Lawsuit
Your personal injury lawsuit begins with a legal complaint in which your attorney states the facts of your case and the legal arguments for why you are entitled to compensation. It also demands appropriate relief.
Your lawyer files your case in the appropriate court. The defendant must receive legal service of the complaint and the summons, which notifies them that a case has been filed against them. The driver has a limited amount of time to respond to the complaint to avoid a default judgment.
Prehearing Conferences and Motions
The lawyers involved in the case may engage in various pre-trial motions, such as asking the court to dismiss the case or issue a summary judgment. The court may schedule conferences to encourage the parties to settle the case so it does not go to trial. These conferences can also identify schedules for discovery, proposed dates and times for upcoming hearings, amended pleadings, and other issues.
Discovery
Discovery is the official process to obtain and share evidence related to the case with the other party. Aspects of the discovery process may include:
- Subpoenas, FOIA requests, and other requests from third parties – Lawyers may request driving records, cell phone records, and other documents held by third parties.
- Interrogatories – Interrogatories
- Requests for admissions – A party to the case may be asked to admit or deny certain statements under oath.
- Requests for the production of documents – The parties can also request documents and other types of evidence from each other, such as medical reports, repair estimates, and written statements.
- Depositions – Depositions are recorded interviews of a witness or party. The lawyer asks the witness or party questions about the case, and the deponent answers the questions. A court reporter records the testimony. Lawyers can use depositions to prepare their case.
- Physical examinations – As part of the litigation process, the defense can ask that you undergo a physical examination with a doctor of their choosing.
An experienced car accident lawyer can use the information they gather during the discovery process to prepare for trial.
Settlement Negotiations and Mediation
After discovery is completed, the parties may re-engage in settlement negotiations because they have a better idea about the strengths and weaknesses of their case and the available evidence.
The parties may also engage in mediation, which is an informal process in which a neutral third party tries to get the parties to agree to a reasonable settlement.
Trial
If the case does not settle, it proceeds to trial. At trial, your lawyer examines witnesses and presents evidence. The defense attorney cross-examines witnesses.
The defense can also present witnesses and evidence, while your lawyer has the right to cross-examine witnesses and challenge evidence. When the case concludes, the judge or jury renders a verdict based on the preponderance of the evidence.
Some parties choose to appeal the verdict, which can add more time to the lawsuit process.
How Long Will My Car Accident Case Take?
Every personal injury case is different, so there is no set time for your case to conclude. Factors that can affect the timing to resolve your case include:
- The severity of injuries
- How clear liability is
- The parties’ willingness to settle the claim
- The complexity of the case
- Whether the case is resolved through an insurance claim or goes to trial
- The damages involved in the case
- The types of legal claims the accident victim files
How Long Do I Have to File a Car Accident Lawsuit?
In Florida, you have two years from the accident date to file a personal injury lawsuit under the statute of limitations. If you fail to file your lawsuit before this deadline expires, you can lose your right to pursue compensation through the courts.
How Much Is My Car Accident Case Worth?
The potential value of your claim will depend on factors specific to your case, such as:
- The type and severity of your injuries
- Insurance coverage available
- Whether you contributed to the accident
- Economic damages you suffered, including the value of medical expenses, lost wages, and property damage
- The extent of your pain and suffering and other non-economic damages
Contact an Experienced Car Accident Lawyer for Legal Assistance
If you were injured in a car accident and would like assistance with the lawsuit process, a car accident lawyer from Gould Cooksey Fennell Law Firm can help. We can review your case, explain the legal process involved in the case, and advise you of your legal rights. Call or contact us online for a free consultation.
Related:
Vero Beach Burn Injury Lawyers
Vero Beach Slip and Fall Lawyers
Statute of Limitations for Personal Injury Claims in Florida
Delivery Truck Accident Lawyers Vero Beach
