Injured in a car accident in Florida? Check the laws here!
Following a car accident, it is okay to feel dazed and overwhelmed, especially if the accident was not your fault. Despite all the things written about adhering to on-road safety norms, people in Florida take their duties for granted, leading to mishaps that often have devastating consequences. If you were injured in such an unfortunate car accident, you need to consult an attorney to determine if you can sue the other at-fault driver. Law firms like Loughlin Law P.A offer free initial sessions for clients with all the support that they need. Below is an overview of Florida car accident laws.
Florida is a no-fault insurance state
This basically means that injured drivers must turn to their respective insurance companies and claim compensation for their medical bills and lost wages. So, can you sue the other driver for their negligence? Yes, you can, provided your injuries meet the requirements of “serious injuries” as per state laws. For instance, if you suffered a serious injury that left you disfigured or have sustained multiple fractures, you could file a lawsuit. Your attorney will help evaluate if you have a valid personal injury lawsuit.
Deadline for car accident lawsuits
If you have a valid case and your attorney agrees that filing a car accident lawsuit is necessary, you must do so within four years from the date of the accident. Florida’s statute of limitations is rather lenient when compared to other states, but you are still expected to work quickly and gather evidence for your case. If you lost a family member in a car accident and wish to file a wrongful death lawsuit, the deadline is two years.
Comparative fault is simple
In Florida, where more than one party is responsible for the crash, the pure comparative fault rule is used for car accident cases. If you are partly responsible for the accident, you can sue the other side (provided you have a valid case), even when you are more to be blamed for the crash than them. However, your share of the settlement will be based on your fault, which is considered in percentage. Let’s say if you were 60% at fault and won $100,000 in a settlement, you will only get $40,000 as the final settlement.
If all that sounds confusing, talk to your lawyer and figure out how you can get a fair settlement for what you have endured. It’s always advisable to start early.