FAQs About Car Accidents in Florida
Car accidents are a common occurrence in Florida and can leave victims facing severe physical injuries and significant financial burdens. Navigating the legal landscape after a Florida car accident can be confusing. If you’ve been involved in a Florida car accident, you may have many questions. This article addresses some of the most frequently asked questions (FAQs) about car accidents in Florida.
- What should I do after a Florida car accident?
After a Florida car accident,
- Call 911. The police will be dispatched to the accident scene, investigate, and prepare an official report. Get a copy of the police report. Emergency medical providers will also be sent to the scene. Ensure you get checked out at the accident scene even if you think you are uninjured or your injuries are minor.
- Exchange information with the other driver(s), including names, contact numbers, and insurance details.
- If possible, take pictures and videos of the accident scene. Also, gather witnesses’ contact information.
- If you don’t receive a medical evaluation at the accident scene, see a medical professional as soon as possible after leaving the scene.
- Report the accident to your insurance company.
- Contact a car accident attorney.
- How is fault determined in a Florida car accident case?
In Florida, fault is determined by showing that one or all parties involved in the accident were negligent and that the negligence caused the accident. Negligence occurs when a person doesn’t apply the level of care that a reasonable person would have used under the same situation.
- What if multiple parties are to blame for the accident?
If multiple parties are to blame for a Florida car accident, fault will be apportioned among the parties based on their respective degrees of negligence. Florida’s modified comparative negligence law allows a plaintiff to recover damages relative to their percentage of fault, as long as they are not more than 50% at fault for their accident. If, for instance, you are 20% at fault for your accident, your damages will be reduced by 20%.
- How long do I have to file a Florida auto accident claim?
Florida has a statute of limitations, which sets a specific time period in which you can file a personal injury claim. Florida’s statute of limitations for filing a car accident personal injury claim is generally two years from the accident date. You may lose your right to seek compensation if you don’t file your claim within this period. However, a few exceptions may have longer deadlines, such as if you didn’t immediately discover you were harmed, if the liable party intentionally misled you to prevent you from filing a claim, and if the defendant fled the state or hid.
- What damages can I recover after a Florida car accident?
The damages recoverable in a Florida car accident case are divided into two main categories: economic and non-economic. Economic damages include medical expenses, lost wages, and property damage. Non-economic damages include pain and suffering and emotional distress.
- Do I need to hire an attorney?
You are not legally required to hire an attorney to file a car accident claim. However, since the car accident claims process is complex, it is best to hire an attorney. An attorney can help you gather evidence, file your claim on time, negotiate with insurance companies, and litigate your case if necessary.
Contact a Lakeland, FL, Car Accident Lawyer
If you have questions or are looking to hire a car accident attorney, contact our Lakeland car accident attorney at Darla K. Snead, P.L. today.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html
