Serious car wrecks happen every day in Florida. According to the Florida Department of Highway Safety and Motor Vehicles, 341,331 wrecks occurred in 2020 alone. Even when you’re fortunate enough to live through a horrific wreck, the incident can still negatively impact your life for weeks, months, or years to come in the form of mounting medical bills, temporary (or permanent) injuries, and mental anguish.
Baker Legal Team is a Florida car accident law firm with experience helping clients in Florida. If you are involved in a car accident in Florida, you should report it immediately to the authorities. Florida law requires reporting a car wreck under certain conditions like injury, death, and damage over $500.
What You Need To Know About Florida Car Accident Claims
Before you file a claim relating to your car wreck, there are several vital pieces of information you need to know regarding Florida personal injury law.
Statute of Limitations
In the state of Florida, you must file your claim within a certain amount of time, known as the “statute of limitations.” The statute of limitations for filing a personal injury claim in Florida is four years from the date of the wreck. If you do not file your claim within the statute of limitations, you will not be able to proceed with a claim against the at-fault driver.
Insurance
In a car wreck case, a vast majority of the negotiation will take place between your attorney and the at-fault driver’s insurance company. This is not an easy prospect, as insurance companies have deep resources and training with one sole objective. That objective is to pay the least amount of money to you as possible.
Tort Threshold
In Florida, car wreck victims must follow the requirements under the tort threshold, known as “threshold injuries.” This means that you will only be able to recover monetary damages from another driver if you are experiencing one of the following:
- Significant or permanent loss of a body part or a bodily function
- Permanent injury
- Significant or permanent scarring
- The victim dies
What Damages Can You Recover From A Car Accident Claim?
Once you successfully bring a claim for your car wreck, there are a wide variety of damages that you can be compensated for.
Compensatory
As the name suggests, compensatory damages are ones you can be compensated for. These include:
- Medical treatment and future medical costs
- Lost wages
- Property loss
- Emotional distress
- Loss of enjoyment
- Pain and suffering
Punitive
Punitive damages are designed to punish the Defendant due to their intentionally reckless and negligent actions. While these damages are rarely awarded in car wreck cases because at-fault drivers are not usually intentionally reckless. However, in certain instances, it is possible to prove intentional negligence of at-fault parties and have recovered extensive punitive damages for our clients.
Contact a Florida Car Accident Lawyer
There is no denying that car wrecks are traumatic events. When a car accident occurs, it generally takes some time for those involved to realize what has happened. Vehicular damage and physical injuries are a real possibility—the latter of which should be attended to immediately, but there may also be lingering mental and emotional consequences. If you or a loved one has been injured in a car accident, you should contact a Florida car accident lawyer who may be able to help with your claim.
Robert Baker of Baker Legal Team prides himself on being there for his clients every step of the way throughout the Florida claims process. Attorney Baker is proud to be a board-certified attorney, providing clients with the award-winning legal service they deserve. To schedule a free consultation, call our office at 561-320-0000 or fill out our contact form.