If you’ve been injured in a car accident in Florida, you will face several challenges. Even if you think that you have a potential personal injury case to be compensated for your medical treatment costs, lost wages, property damage, etc, it can be difficult to know where to begin the process.
A “simple” car wreck case may involve many complex legal issues. Below are some common questions that our clients normally ask our legal team at Zarzaur Law, P.A.:
The At-Fault, Driver Did Not Get A Ticket. Do I Still Have A Case?
Whether a ticket was issued is not dispositive in a civil claim arising from a car crash. Often, the investigating officer is too busy to investigate the fault, unless the claim involves a fatality or near-fatality, or criminal conduct. Sometimes there are no witnesses, and the trooper simply does not have enough time to decide who was at fault. Regardless, if the other driver was at fault, you can still make a claim. An experienced personal injury lawyer can develop the evidence needed to support the claim. Just because no ticket was issued, you may still have a case, especially if you were injured in the car accident.
Who Is Liable In A Personal Injury Case?
Many people are reluctant to sue the at fault driver or owner, even though they caused the injury. Rest assured that unless the driver or owner is extremely wealthy, their insurance company will pay the claim. If suit is filed, the insurance company is not a named party due to Florida law, but it will pay for the defense attorneys and any verdict. While you may have sympathy for the person who caused the wreck, rest assured, they will not have to pay the verdict absent very unusual circumstances.
What If The At-Fault Driver Has No Insurance?
In Florida, it is very common for drivers to have little to no coverage for personal injury liability. Florida does not require this coverage, so many don’t buy it. What then? If you are injured, you can make an uninsured motorist (UM) claim against your own insurance company. Making such a claim will not affect your rates if you are not at fault. This coverage can help reimburse you for your injuries. Make sure you get UM coverage!
How Do I Pay My Medical Bills?
If you are injured, your Personal Injury Protection (PIP) coverage from your own policy will pay for bills up to $10,000. Florida requires drivers to carry a minimum of $10,000 in Personal Injury Protection coverage.
Under Florida’s no-fault auto insurance law, most injured drivers seek reimbursement for accident costs from their own carrier, regardless of who caused the collision.
If your bills are higher, your own health insurance should pay for your additional medical expenses once your PIP has been exhausted.
If you do not have health insurance, some providers will treat you with an agreement to be paid out of your settlement. This agreement is set up between your lawyer and the medical provider.
What Type of Recovery Am I Entitled To After a Car Accident?
Depending on the circumstances of your accident, some of the damages you may seek can include:
Vehicle and personal property damage
Present and future medical expenses
Pain and suffering
Lost wages
Loss of future earnings
Wrongful death
Under Florida law, you must prove a permanent injury to recover money for your pain and suffering. Otherwise, you can only recover unpaid medical bills and lost wages. Proof of a permanent injury is often difficult to obtain and requires careful attention to the evidence by your lawyer.
How Long Do I Have To File A Claim?
Generally, all claims must be filed within a time period called the “Statute of Limitations.” If the claim is not filed within that time, it is forever barred.
In Florida, the time for filing a claim is 4 years from the date of the wreck. If the case involves death, it must be filed within 2 years. As you can see, you should immediately contact a lawyer after a wreck so you preserve your rights to make a claim.
How Much Will An Attorney Cost Me?
In Florida, most injury cases are paid for with a “Contingency Fee.” That means, your lawyer will be paid from any recovery. If you do not recover, the lawyer is not paid.
The standard fee for Florida lawyers is 33.3 percent before suit is filed, 40 percent after suit is filed.
This contingency fee is standard across Florida and approved by the Florida Bar. Your lawyer generally cannot charge more, absent unusual circumstances. You can hire the most experienced expert in personal injury law for the same fee as a lawyer without similar expertise or experience. It makes sense to hire a board certified civil trial lawyer under these circumstances.
Joe Zarzaur is a Board Certified Civil Trial Lawyer whose firm is dedicated to promoting community safety since 2007. ZARZAUR LAW’S AREAS OF PRACTICE: Serious Personal Injury, Product Defect, Auto Accidents, Cycling Accidents, Motor Vehicle Accidents, Products Liability, Wrongful Death, Community Safety, Boat and Jet Ski Accidents, Slip and Fall Injuries, and more. Licensed in Alabama and Florida.
If you’ve been the victim of an auto accident, it’s important that you don’t make any rash decisions. Put yourself in the best possible position to receive the justice you deserve. It is also important to consult with a Board Certified Trial lawyer who has the knowledge and experience to help you. We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe for a free legal consultation or visit www.zarzaurlaw.com.