When people leave their homes to go to work, school, a party, run errands, and live their lives, they don’t expect to get into a car accident. While people know that car accidents happen, most don’t go about their days thinking they will get into an accident. Unfortunately, even if you don’t expect it to happen, even if you are a great and defensive driver, accidents still happen, and the worst part is that they’re often preventable. Most car accidents are the result of someone’s reckless or careless actions—when drivers ignore traffic laws and regulations, whether accidentally or purposefully, they put themselves and others at risk.
After suffering injuries because of the actions of another driver, finding a reliable Westion car accident lawyer is one of the most important steps you can take. The financial burden incurred because of a car accident can often be more than victims and their families can handle, which is why Baker Legal Team aggressively pursues our clients' right to compensation. Baker Legal Team believes that you deserve the help of an experienced lawyer to put your worries to rest while you focus on healing. Contact our firm today to start building a strong claim.
Florida Car Accident Laws That Are Important to Your Claim
In Florida, if you’ve been injured because of another driver’s reckless or careless behavior, you may be eligible for compensation to aid in your recovery by filing a personal injury claim. To pursue a Weston personal injury claim, it’s important to understand the Florida laws that significantly impact your claim.
Florida’s No-Fault Rule
Florida is a no-fault car accident insurance state which means that after a car accident, you typically need to file a claim under your personal injury protection coverage to receive compensation for medical expenses and other financial losses, regardless of who caused the accident. Your injury claim must meet specific prerequisites to step outside of the no-fault system and bring a claim directly against an at-fault driver. Generally, if your injuries meet the law’s serious injury threshold or the medical expenses exceed your Personal Injury Protection (PIP coverage), then you will likely be able to file a lawsuit against the at-fault driver.
In Florida, the serious injury threshold means that you have experienced at least one of the following as a result of the accident:
- Significant or permanent loss of an important bodily function
- Permanent injury (within a reasonable degree of medical probability)
- Significant or permanent scarring or disfigurement
If your injuries meet the threshold of serious injury, then you can pursue a claim against the at-fault driver. By pursuing a claim against the at-fault driver, you are able to recover damages such as pain and suffering that are not available in a no-fault insurance claim.
Florida’s Comparative Negligence Rule
Florida state follows the pure comparative negligence rule that allows people who are partially at fault for an accident to file a claim for damages. The “pure” in comparative negligence means that in Florida, accident victims can recover a portion of their compensation regardless of their degrees at fault (even when their degree of fault is high than the other driver’s degree of fault). However, under the pure comparative negligence rule, the victim’s damages will be reduced by a percentage equal to their share of the fault. Therefore, if someone files a claim and they share the majority of the fault, their damages will be heavily reduced to compensate for their part in causing the accident.
Florida’s Statute of Limitations
A statute of limitations is a law that sets a time limit on people’s right to bring forth a lawsuit or claim against someone else. If the deadline is missed, that person loses their right to file a claim or lawsuit. If a person tries to file a claim and the statute of limitation has passed, the Florida court system will likely dismiss their case unless some rare exceptions apply to their circumstance, giving them an extended deadline.
Florida residents have four years from the date of the accident to file their accident claim. Four years may seem like plenty of time to file a claim. However, it’s important to remember that most car accident claims rely heavily on the recollection of events and the reconstruction of the accident, along with other vital evidence that may be hard to preserve for long. Filing a claim as soon as possible protects you from the risk of losing your right to file and helps preserve the evidence that is crucial to your claim.
How a Weston Car Accident Lawyer Benefits Your Claim
Working with an experienced attorney places you at an advantage because they are familiar with personal injury law and can use their skills, resources, and experience to build a strong claim and achieve the best possible outcome for your circumstances. A car accident lawyer brings to the table:
- Analyzation and organization skills that are key to obtaining records and evidence
- A network of experts who can strengthen your claim
- Negotiation skills that will get you the best outcome for your claim
Depending on the specifics of your claim, an attorney will generally help:
- Communicate with the other driver and their insurance
- Obtain the necessary evidence to establish fault
- Organize your medical records and bills
- Communicate with your health care providers
- Consult experts to support your claim
- Negotiate settlements
- Prepare for trial
A car accident attorney is determined to achieve the best outcome for their clients. Feel confident in your representation by contacting Baker Legal Team. We offer unmatched legal services that set up our clients to recover fair and just compensation.
Contact a Weston Experienced Car Accident Lawyer Today
At Baker Legal Team, board-certified attorney Robert Baker provides every client with the compassionate and aggressive legal counsel they need to achieve a favorable outcome. He can guide you through every step of your claim process, reassuring you that you and your claim are in good hands. With over thirty years of experience helping injured car accident victims, Robert Baker understands how to get victims the compensation they deserve. Start discussing the best strategy for your claim today by completing our online contact form or calling (561) 320-0000.