After experiencing a truck accident, you may be feeling overwhelmed. Accidents often create burdensome circumstances that require making up for lost wages and other damages. If this is your current situation, know that there are effective solutions available.
What You Can Do After an Accident
In the event of a car accident, your first priority should be to contact law enforcement and seek medical attention if necessary. After those steps have been taken, it is highly recommended that you capture visuals of the area including any damages caused by the incident. These photos can serve as invaluable evidence when filing an insurance claim or pursuing legal action.
It is important to understand the no-fault system, and we will cover this in greater detail later on. However, if you need to step out of that system, having evidence can be beneficial. Taking photos of the scene immediately after an incident occurs as well as writing a report once the police arrive are both recommended actions for gaining unbiased evidence that could potentially be used at a later date in court.
Even if you think your injuries are minor, it is important to seek medical attention. You never know what underlying issues may exist that can only be identified by healthcare professionals, so make sure to get checked out as soon as possible.
Gathering any medical documents, police reports, or pictures that may be relevant to your case is essential. In addition, seeking legal counsel before discussing the incident and compensation with your insurance provider can help you receive a more just settlement for damages incurred.
Understanding The No-Fault Rule
Florida is one of the eighteen states with a no-fault rule in effect. This regulation implies that even if you are found responsible for an accident, no legal action can be taken against you unless your adversary has established eligibility to step out from under this system.
If you can’t sue to get financial compensation, your only other choice is speaking with your insurance provider. In Port Charlotte, Florida this requires having at least $10,000 in personal injury protection and property damage liability.
If you want to be covered when it comes to car damages, personal injury protection is not enough. You should also consider getting collision coverage for added financial assistance in the event of an accident. That way, you can have peace of mind knowing that your medical bills and lost wages will be taken care of.
Ways To Step Out of The No-Fault System
To file a personal injury lawsuit against the other driver, you must meet one of the following (or both) requirements:
- Medical bills exceeding a certain limit
- You suffered a severe injury from the accident
The “severe” injury has to meet one of the following to qualify:
- Wrongful death
- Permanent scarring
- Amputation or dismemberment
- Life-altering complications
- On-going medical treatment
It is therefore essential to visit a medical professional and create an official record of the injuries caused by the accident.
If you are uncertain if your situation fits the criteria for a personal injury claim, consult with an attorney as soon as possible.
Calculating Your Settlement
If you choose to move beyond the limitations of the no-fault system, your attorney will most likely advise filing a personal injury lawsuit. Personal injury is a legal concept that refers to someone who has suffered harm due to another individual’s negligence.
When pursuing a personal injury lawsuit, your attorney will prepare the necessary documents to formally serve the defendant. No time limit determines when such cases conclude – instead, it depends on how expeditiously everything is handled.
There are two ways you can receive a settlement in a personal injury case:
- The defendant pays a settlement
- Your case goes to trial, and the jury awards you compensation
Failing to accept a settlement will require your case be determined through the multiplier method. This system multiplies the sum of your jury award by any number between one and five, delivering you with an expected total amount..
Here is how personal injury cases are calculated by the jury:
- Economic damages totaled
- Non-economic damages totaled
Economic losses encompass expenses that can be quantified, such as medical bills, lost wages, and vehicle repairs. Non-economic damages refer to the physical or mental anguish experienced due to an injury or trauma. Once you are awarded a settlement from a lawsuit, your legal fees will be deducted accordingly.
How A Lawyer Can Help You Seek Extra Compensation
In the state of Florida, it is up to you as an individual to negotiate with your insurance provider for financial aid because of their no-fault rule. This can be rather intimidating since, while they require policyholders to have at least $10,000 in PIP coverage available, that doesn’t necessarily mean you will be offered that amount.
Fortunately, the lawyers at FGB Law Firm always strive to act in the best interests of our clients and will go above and beyond to fight for your rights.
Here is what a lawyer will do for you in your case:
- Collect all necessary evidence
- Negotiate for you
- Speak to medical professionals and insurance companies
- Draft papers to serve the defendant (if possible)
- Much, much more
Contact The Legal Experts At FGB Law Firm Today!
After a car accident, the process of getting the compensation you deserve to cover medical bills or repair damages can be long and tedious. Fortunately, we are here to help you!
Call (941) 979-9010 or complete our online consultation form to get started. We look forward to hearing from you and helping you in your case.