There’s no denying how dangerous driving can be. However, it’s a common part of daily life for most people. But a motor vehicle collision can lead to severe or life-threatening injuries. When that happens, you must take immediate action.
One of the first things you should do is contact Florida Law Advisers, P.A. We can protect your rights during the legal process and pursue the maximum compensation you deserve. Call or contact us online today for a free consultation with a car accident attorney in Tampa.
What Are the Damages I May Be Entitled To?
Florida’s no-fault law requires every Florida driver with a registered vehicle to carry personal injury protection (PIP) insurance with a minimum of $10,000 in coverage. PIP pays 60 percent of lost wages and 80 percent of medical expenses up to the policy limit. Coverage can also reimburse the injured party for replacement services such as laundry and childcare.
You can recover the entire $10,000 in compensation if your car accident injury is an emergency medical condition (EMC). That means you have a medical condition causing acute symptoms of significant severity that can include severe pain and, without immediate medical attention, could reasonably lead to:
- Serious impairment to bodily functions
- Serious dysfunction of a bodily part or organ
- Serious jeopardy to health
If your doctor determines your injury doesn’t qualify as an EMC, your PIP coverage is limited to $2,500.
You must file a PIP claim and exhaust the policy limits before stepping outside the no-fault system to seek compensation from the at-fault driver. Filing a third-party claim or lawsuit requires your injury to meet the definition of a serious injury. According to state law, a serious injury involves:
- Significant and permanent loss of a vital bodily function;
- Permanent and significant disfigurement or scarring;
- A permanent injury, except scarring or disfigurement within a reasonable degree of medical probability; or
- Death.
If you’re eligible to file a third-party car accident claim or lawsuit, the compensation you receive might cover your:
- Pain and suffering
- Hospital visits, physical therapy, and other medical expenses
- Lost income
- Lost future earnings
- Out-of-pocket expenses
- Emotional distress
- Loss of enjoyment of life
- Vehicle repair/replacement costs
What Are the Common Causes of Car Accidents?
Driver error or negligent actions commonly lead to accidents. Car crashes can result from various forms of careless behavior, including:
- Speeding
- Driving under the influence
- Reckless driving in poor weather conditions
- Running stop signs and red lights
- Inadequate vehicle maintenance
- Merging without checking blind spots
- Tailgating
- Fatigued driving
- Distracted driving
What Are Common Types of Car Accidents in Florida?
Different types of accidents involve varying circumstances. However, they all have similarities, including the severe injuries they can cause. Among the most common types of collisions that can occur on Florida roadways are:
- Uninsured accidents
- Rear-end collisions
- Head-on accidents
- Sideswipe crashes
- Single vehicle crashes
- Drunk driving accidents
- T-bone collisions
- Hit-and-run accidents
- Uber/Lyft/rideshare accidents
What Should I Do if I Am Involved in an Accident?
If someone else is at fault for an auto accident in Florida that causes your injuries, you must follow specific steps to improve your chance of financial recovery. You probably already called 911 at the scene to report the auto wreck and sought initial treatment at a hospital. If not, get medical treatment now.
Follow the physician’s recommendations if they suggest follow-up care such as physical therapy, diagnostic testing, surgery, or rehab. Attending your appointments is crucial during your pending car accident case. Deviating from the treatment plan or skipping appointments won’t help you. The insurance company might view your inadequate or inconsistent medical care as evidence of a minor injury and offer a low, unreasonable settlement.
Although a pain journal isn’t a requirement, creating one can be beneficial. You should start documenting your symptoms, pain levels, and other relevant information about your injury from day one. Indicate the type of pain you feel and whether it worsens while performing specific tasks. You should also mention whether your injury keeps you out of work or prevents you from participating in certain activities.
Maintaining complete and accurate records can strengthen your case. You should keep a copy of every invoice, medical report, written communication, and physician’s letter. Medical evidence is valuable in car accident cases. The documentation you submit during your claim can help prove your injury and the expenses you incurred from the crash.
You can pursue action against the negligent driver without hiring a lawyer. However, seeking legal representation increases the likelihood of a favorable result. Your Tampa car accident lawyer can investigate the incident to determine who is at fault and whom to hold liable.
Besides taking specific steps after an accident, there are some actions you should avoid during your ongoing case. Posting to social media might seem harmless. However, the insurance company or defense team can use your posts against you. Anything they find that might indicate you’re not taking your recovery seriously, or that you lied about the severity of your injury, can negatively affect your case.
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Whom Can I Hold Responsible for My Car Accident?
One or multiple parties might be at fault for your injuries. While seeking car accident compensation, accurately determining liability is crucial. If you file a claim with the wrong insurance company, it does nothing but delay your efforts to get the money you need to pay your medical bills and other expenses.
The person or company you can hold responsible for the auto collision will depend on the circumstances but might include:
- Another driver
- The owner of the car involved in the accident
- A government entity
- A vehicle or part manufacturer
Although no-fault laws apply to claims after car accidents, determining fault is essential. Once you exhaust your PIP limit, other sources of compensation are vital to cover the remaining costs from the accident. That means you must review the evidence to establish liability. One or more people could be responsible, which could allow you to file multiple third-party claims or lawsuits to secure the financial award you deserve.
Contact a Tampa Car Accident Attorney Today
An injury from an auto accident can lead to physical, financial, and emotional burdens. But you don’t have to go through this alone.
If you sustained injuries in a car wreck due to someone else’s negligence, contact a Tampa personal injury lawyer at Florida Law Advisers, P.A., today. We will take over from the moment you hire us, pursue the compensation you deserve, and remain by your side until the end.
Contact our Tampa car accident law firm today for a free consultation.
