If you’ve been injured in a car accident that wasn’t your fault, one of the first questions that you might ask yourself is whether or not you really need a lawyer. It’s a fair question, and an important one. Between mounting medical bills, missed time at work, and pressure from insurance companies, the decision that you make about legal representation can significantly affect your financial recovery.
You are not required to hire a lawyer to handle your Florida car accident case. However, studies show that people who have legal representation recover substantially more money compared to people who represent themselves. Working with our Vero Beach car accident lawyers can help you get maximum compensation for your injuries.
At Gould Cooksey Fennell, we are fierce advocates for clients who have been hurt in all types of accidents. We won’t simply accept the insurance company’s lowball settlement offer. We will fight to get you the money that you deserve for your injuries. Contact our law offices today to schedule a free consultation with a Vero Beach personal injury attorney.
Understanding Florida’s No-Fault System
One of the reasons why many Floridians may be confused about their rights after a car accident is because of the state’s unique personal injury laws. Florida is one of just a handful of states that has a no-fault system.
Under Florida law, all drivers are required to carry both Personal Injury Protection (PIP) and Property Damage Liability (PDL) insurance. If you are in a car accident, then your PIP coverage will kick in and pay up to 80% of all necessary and reasonable medical expenses (up to $10,000). This coverage applies regardless of who was at fault for the accident.
PIP also pays for 60% of lost income resulting from the accident and any injuries associated with it. In addition, if a person died as a result of the crash, PIP will pay $5,000 in death benefits.
The no-fault system does not mean that you cannot file a lawsuit against the at-fault driver if you were involved in a motor vehicle accident. Instead, it is a way to get your immediate expenses paid without regard for fault. However, no-fault insurance only covers medical expenses and lost wages, not pain and suffering and other non-economic losses.
To step outside of the no-fault system, you must have a “serious injury” as defined by Florida law. This means that you must have experienced at least one of the following due to the accident:
- A significant and permanent loss of an important bodily function
- A permanent injury, within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
- Death
If your injuries meet this definition, then you are not limited to just seeking PIP coverage from your own insurance company. Instead, you can file a lawsuit against the responsible driver for your full medical expenses, lost income, pain and suffering, long-term disability, and other losses.
Florida’s no-fault laws are intended to reduce litigation and ensure that accident victims get compensation for their losses. However, these same laws can also make it difficult to know what your legal rights are when you are in a car accident. That is why it is even more important to work with a Vero Beach car accident lawyer.
Do You Need to Hire a Lawyer After an Accident If You Weren’t at Fault?
Technically, you are not required to hire a lawyer after an auto accident in Florida. You can file a claim and negotiate a settlement with the insurance company on your own.
However, the better question to ask is if hiring a lawyer will increase your chances of getting fair compensation. In almost all cases, the answer to that question is a resounding yes.
When You Might Not Need a Lawyer
There are a few situations where you might be able to handle a claim on your own. This includes the following scenarios:
- The accident was truly minor, with minimal property damage, no disputes about fault, and either no injuries or very minor injuries. In this case, you may be able to resolve the claim directly with the insurance companies.
- You only need very minimal medical treatment. If you did not require ongoing treatment because you recovered quickly from minor injuries and had low medical bills, then your PIP coverage may be sufficient to cover your losses.
Essentially, for very minor car accidents where your injuries were minimal or non-existent, you may be able to handle the claim on your own. However, even if the insurance adjuster seems cooperative and offers a settlement immediately, you should still proceed with caution.
Even seemingly minor injuries can worsen over time. Once you accept a settlement, you cannot go back and ask for more money. You should also remember that insurance companies are in business to make money, so a settlement offer that seems fair might not be enough to fully compensate you for your losses.
When You Should Hire an Attorney
In many cases, hiring a Florida personal injury lawyer isn’t just helpful. It is vital to ensure that you get the compensation that you deserve.
If you find yourself in any of the following situations, you should talk to an attorney before taking any further steps:
- You suffered serious or long-term injuries. If your injuries involve broken bones, head trauma, spinal injuries, or long-term pain or disability, you are likely facing significant financial expenses and other losses. A lawyer can help make sure that your future medical costs and other long-term impacts are covered by your claim.
- There is a dispute as to fault. Even if the accident wasn’t your fault, the insurance company may try to argue otherwise. Florida follows a modified comparative injury rule, which means that your total compensation could be reduced by your percentage of fault. If you were more than 50% at fault, then you may recover nothing. Insurance companies often try to shift blame onto the accident victim to minimize payouts. A lawyer can protect your interests and reduce the likelihood of an insurer successfully using this tactic against you.
- The insurance company is delaying or denying your claim. Remember, insurance companies are businesses, and their goal is to pay you as little money as possible. The insurance adjuster may offer you a lowball settlement, delay processing your claim, or deny your claim altogether. Without legal representation, you may end up accepting less money than what you deserve for your losses.
- Your medical bills and lost wages are significant. If your accident resulted in high medical expenses, time away from work, or a reduced ability to earn an income, then your claim is both more complex and more valuable. A lawyer can calculate the true value of your damages, including future losses.
- The accident involved multiple parties or other complicating factors. Accidents involving commercial vehicles, multiple drivers, or government entities can involve more complex liability issues and multiple insurance policies. Legal guidance is essential in these cases.
- You are being pressured to settle quickly. If an insurance adjuster urges you to accept a settlement right away, that is often a red flag. Early offers are typically for far less money than what your case is worth. They are often made before you understand the full extent of your injuries. An attorney can evaluate whether a settlement is fair or if you should negotiate for more.
Ultimately, if you suffered anything other than a minor injury in a Florida car accident, you should consult with a lawyer. Even if you weren’t at fault, it is incredibly important to have legal representation to protect your rights. It is also the best way to get full compensation for your injuries.
How a Florida Car Accident Attorney Can Help
Many people hesitate to hire a lawyer because they simply aren’t sure about what the attorney will do. A personal injury lawyer will handle nearly every aspect of your claim, removing the burden from your shoulders and helping you get maximum compensation.
Here are some of the ways that your lawyer will advocate for your interests:
- Investigate the accident: Your attorney will gather police reports, interview witnesses, collect photo and video experts, and work with experts as needed.
- Prove liability: To win your case, you must prove that the other driver caused your accident. Typically, this means showing that they were negligent (careless) in some way. Your attorney will build the evidence necessary to support each element of your claim.
- Deal with the insurance company: Your attorney will communicate with insurance adjusters on your behalf, preventing you from saying something that could harm your case. They can also push back against lowball settlement offers and negotiate a fair settlement.
- Calculate the full value of your claim: Many people underestimate what their case is worth. A lawyer will consider your current medical bills, need for future medical treatment, lost wages, reduced earning capacity, pain and suffering, and more.
- Preparing for trial: The majority of personal injury claims are resolved outside of court. It is often still necessary to file a lawsuit and work through the legal process while negotiating a settlement. Your attorney can handle all of the legal work while you focus on your health and well-being.
Hiring a lawyer might seem a bit daunting. However, the risks of handling your claim alone are too high to take the chance. Without legal representation, you might accept too little money for your claim, miss key deadlines, say something that undermines your claim, or overlook potential damages in your case. The best way to get full compensation for your claim is by working with a skilled Vero Beach car accident lawyer.
Need Help After a Treasure Coast Car Accident? Give Our Law Firm a Call.
After an accident, it’s easy to assume that the process of getting compensation will be straightforward, especially if the other party was clearly at fault. But in reality, the process is rarely easy and uncomplicated. Working with a Vero Beach car accident lawyer can help you avoid costly mistakes and protect your right to fair compensation.
Gould Cooksey Fennell represents accident victims in the Treasure Coast region of Florida, helping them get full compensation for injuries suffered in car accidents, truck accidents, bike accidents, and more. We handle all cases on a contingency fee basis, which means that you will never pay a fee unless we recover money for you. To learn more or to set up a free initial consultation with a member of our legal team, give us a call at 772-231-1100 or fill out our online contact form.
