Florida is a “no-fault” state, which means that each person's insurance company pays their own accident expenses regardless of who is at fault. If an accident causes someone more damage or injury than your insurance policy covers, you may have the right to sue them for additional damages by filing a personal injury lawsuit. This type of insurance coverage is also known as no-fault insurance because your coverage takes effect regardless of who is at fault for the accident. You could hit a fence because you were distracted by a cell phone and still be covered by your PIP insurance.
Many vehicle accident claims in Florida are resolved through a no-fault system, one of the few no-fault systems in the U.S. UU. It is an accepted principle that all drivers take out insurance that covers their own damages if they are involved in an accident, regardless of fault. However, there are some notable exceptions.
When you are injured in a car accident in Florida, you should know the serious injury threshold. If you are not familiar with this aspect of Florida law, continue reading, as it could be crucial information if you ever find yourself in a situation where you need to hire a personal injury lawyer after a serious car accident. That doesn't mean that the fault of the accident doesn't matter, far from it. What it means is that your own insurance is your first source of compensation, and specific criteria must be met to take legal action against another person responsible for your injuries.
That's one of the reasons why it's so important that our firm is on your side as soon as possible. It's hard to understand your legal options, and we can help. Basically, each party involved in a car accident is responsible for a portion of the damages in proportion to their percentage of fault. Not only does the comparative negligence rule bind Florida judges and juries (if your car accident case goes to court), but it will also serve as a guide to the auto insurance claims adjuster when evaluating your case.
Let's say your car accident injuries qualify to allow you to exit the Florida no-fault car insurance system and file a car accident lawsuit against the driver who caused your accident. That's one of the reasons why it's best to hire a Tampa car accident lawyer to help you with your claim. Your car accident lawyer can investigate your accident, talk to witnesses, review accident reports, and, if necessary, hire expert witnesses to help determine the fault of the accident and establish the extent of your damages. Instead, talk to an experienced car accident lawyer about your situation and your best course of action.
Likewise, under Florida law, an injured car accident victim cannot file a personal injury lawsuit or a lawsuit against the at-fault driver (i.e., an insurance claim or lawsuit against the at-fault driver is only possible if car accident injuries reach a certain threshold). And if you're ready to ask for help now, you can use the features found on this page to contact a Florida car accident lawyer in your area. Under Florida law, car accident victims who reach the serious injury threshold can receive damages for pain or suffering. Consequently, after being injured in a car accident, the accident victim's own insurance company will cover their medical expenses and lost wages.
Through their no-fault PIP insurance policies, car accident victims are often limited to collecting economic damages. In most situations, you have four years, starting from the date of the accident, to start your car accident case in the Florida court system.