In the state of Florida, car accidents happen every day. As a result, people are injured and property is damaged. It is only a matter of time before you or someone close to you is involved in an auto accident of some type. It is very important that you fully understand your obligations and legal rights following an accident. We have put together a list of the top things to know about auto accident injuries.
Information For Car Accident Victims
- Everyone must have auto insurance to drive a car in every state in the United States. It is a legal requirement to have insurance in case of an auto accident. It is required that you have bodily injury liability and property damage liability protection. This is in place to protect drivers from financial loss and protect people. Many times insurance companies pay injured victims compensation following accidents.
- No-fault Laws – Florida is a no-fault state. What does this mean? In auto accident cases an injured person’s own insurance company will provide coverage for medical expenses and lost income, no matter who was at fault for the accident. You can’t hold the other driver liable after an auto accident in Florida unless the “serious injury” threshold is met. So most minor accidents will fall under the no-fault laws. However, you may be able to step outside of the no-fault umbrella and file a liability claim against an at-fault driver in Florida if, as a result of the accident, you suffered a permanent injury or significant and permanent scarring, or disfigurement.
- Driving is a privilege and with this privilege, you have a legal duty to drive in a safe manner and with reasonable care. People can be held accountable for actions while driving an automobile. If people are injured because someone was acting in a negligence way while driving the negligent person or party can be held legally and financially accountable for the injuries caused.
- Lawsuits – If someone has been deemed negligent that person or party is responsible for damages that others may have suffered because of the negligent party. Reckless driving if proven by the legal system may hold a person legally accountable and that person may be required to pay punitive damages.
- Insurance and lawsuits – If a person was not purposely behaving recklessly such as driving while drunk in most cases an insurance company will be legally required to pay legal expenses only up to the liability limits laid out in that person’s auto insurance policy.
- Legal Representation – Hiring an auto accident attorney is usually advised in auto accident injury cases. Having an experienced legal professional on your side ensures that your rights are protected. Many lawyers in Florida will work with you on fees and many times won’t charge you unless they recover damages for your injuries. Attempting to represent yourself in an auto accident injury case is not advised. You need someone familiar with the laws to protect you.
- Statute of limitations – People have a limited time in which someone can sue for injuries. Under Florida’s statute of limitations for personal injury cases, parties have 4 years from the date of the accident to file a lawsuit. If they fail to file your case within this time frame the court will very likely refuse to hear it. It is also important to know that injury claims against a county, city, or state government the time limit is 3 years.
- How much will an injured victim receive? Damages rewarded for auto accident injuries can vary from case to case. If a person was injured, that person can recover medical expenses and lost wages. In some cases, injured victims can also collect damages to compensate for pain and suffering and emotional distress.
- Who is legally responsible? In some cases, several people or parties may be held legally responsible for an auto accident. Most of the time the person being sued is the driver of the vehicle that caused the accident. In other cases, the owner of a commercial vehicle may be responsible. It can be very complicated and guidance from a legal professional is advised.
- Prove your case – It is important that the victim in an automobile accident prove that the defendant or defendants were reckless in their responsibilities. A skilled Florida auto accident attorney should have experience in dealing with proving your case.
Free Initial Case Evaluation for Personal Injury Cases in the Orlando, Florida Area
At The Jaspon Firm, we never charge for a consultation for personal injury cases. As a matter of fact, we won’t charge you fees or costs unless we get a positive recovery in your case. We take all of our injury cases on a contingency basis. Therefore, it doesn’t cost you anything to hire us unless we are successful in getting a recovery for you in your case. Call (407) 513-9515