Explaining No Fault Car Accident Laws in Florida
Many car accidents might seem like open and shut cases, where you wouldn’t even need a Pensacola car accident lawyer. Unfortunately, this is often not the case in our great state of Florida. Florida operates under what is called a “no-fault” law. This law essentially states that the onus for injury and property damage stemming from a car accident is on each individual driver, regardless of who actually caused the accident. Florida drivers, by law, can only attempt to hold the other driver liable – and subsequently recover damages outside of their own Personal Injury Protection (PIP) and Property Damage Liability (PDL) coverage – in limited and defined situations. So where do you go from here?
While this rule may seem preposterous, do not worry. This law is not absolute. There are many situations in which you can avoid the long arm of the “no-fault” statute – you just need the right Pensacola car accident lawyer to guide you.
According to Florida statute, the following situations allow the victim to hold the defendant driver accountable, regardless of the “no-fault” law:
a) Significant and permanent loss of an important bodily function
b) Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement
c) Significant and permanent scarring or disfigurement
If you have sustained serious and debilitating physical injury in a car accident where someone else was at fault, Florida’s “no-fault” statute may not apply to your case.
How Can a Car Accident Lawyer Protect You?
It is the role of your Pensacola car accident lawyer to prove that these injuries have taken place. This is no small task. In many cases, defense lawyers will aggressively try to disprove the “reasonable degree of medical probability” clause that is written into the statute. To fight them, you will need a top-flight personal injury lawyer with extensive experience handling car accident cases. A skilled and experienced lawyer will also do his best to ensure that other allowable damages can flow from these exceptions – damages like pain and suffering, psychological trauma, and punitive damages, just to name a few. If you’ve been badly injured in an auto accident, it is incredibly important that you find a Pensacola car accident lawyer who has successfully navigated these situations before, and with regularity. Only they will know the proper points to raise, the right witnesses and experts to call, and the manner in which to defeat contrary evidence that could damage your outcome.
If you’ve been involved in an automobile accident and are searching for a Pensacola car accident lawyer, it is in your best personal and financial interest to begin with Joe Zarzaur of Zarzaur Law, PA. Joe is among the most skilled and experienced auto accident lawyers in the region. In fact, Joe is one of the select few Florida lawyers to attain board certification in civil litigation. He has expertly handled countless cases just like yours over the years, and prides himself on the satisfaction of his clients. Joe will be a zealous advocate for you in and out of the courtroom, and will always have your best interest at heart.
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