The Right Auto Accident Attorney In Tampa, FL
Not all auto accidents result in minor fender benders. Unfortunately, the road is a dangerous place, and every year thousands suffer serious or severe injuries from negligent drivers. Worse yet, some of those auto accidents result in death. If you have been involved in a serious auto accident, you understand how terrifying, confusing, and frustrating this type of occurrence can be. As a driver in Florida, you may also know that your insurance policy only covers up to $10,000 worth of medical costs and related expenses. An accident such as a fender bender might be sufficiently covered, but what happens if you are involved in a much more serious auto accident?
At Boker Law, we know how painful of an experience an auto accident can be both physically and mentally. We listen to our clients and take their side to protect their rights for just compensation. When it seems as if you are getting the run around by insurance companies and at-fault attorneys, it may be time to seek a professional auto accident attorney in Tampa, FL for crucial representation. Our firm is equipped to handle challenging auto accident cases. We have the resources and experience to successfully represent our clients, whether it be in or outside of the courtroom.
Florida’s No-Fault Policy Structure
The state of Florida has a no-fault insurance policy structure. That means that when you register a vehicle in Florida, you are required to hold personal injury protection insurance (PIP) coverage of $10,000 in order to drive. If you are involved in an accident, each driver’s insurance carrier will take care of their own insured’s medical costs and other expenses up to the coverage amount of $10,000, no matter who was at fault.
If you require more than just basic medical attention, the costs may very well surpass $10,000. If your costs go over your insurance coverage, then your personal health insurance usually takes over to cover the rest. But, what if you don’t have health insurance? Or, what if the accident was not your fault? Shouldn’t the at-fault party be responsible for their negligence and pay for damages?
In Florida, if you have exhausted your no-fault PIP coverage, you could have the ability to pursue further compensation for economic and noneconomic damages, provided that you meet certain criteria. If you wish to pursue a lawsuit for losses caused by the at-fault party, it is imperative that you consult with a personal injury attorney in Tampa, FL. A Tampa, FL auto accident attorney can assess whether you meet the qualifications to recover further recompense.
Not all who wish to pursue a lawsuit for damages are able to do so. Florida Law has set in place a threshold for personal injury recovery. For instance, injuries such as bumps and bruises are not going to cut it, but damage to tendons or broken bones that require extensive medical treatment might qualify under the threshold. Again, it is vital to talk to a personal injury attorney in Tampa, FL to help evaluate your particular case.
Florida’s Injury Threshold
If your injuries do not meet Florida Law’s threshold, you may not be able to recover pain and suffering, additional medical damages, and lost wages. However, the greater your injuries, the better chance you have to recoup damages and compensation beyond the basic PIP no-fault insurance coverage through your insurance company. As a result, there is a categorization of injuries that meets the standard for the threshold that would allow an individual to seek additional compensation if they wished to follow a lawsuit.
The threshold standards include the following:
- Significant or permanent loss of a body function;
- Significant or permanent use of a body organ or member;
- Permanent injury within a reasonable degree of medical probability;
- Significant or permanent scarring or disfigurement; or
If your injuries meet the threshold standards above, you are not limited by your PIP coverage, and you can seek to sue. With the help of a Tampa, FL auto accident attorney, you can hold the at-fault party responsible for the incident. Your auto accident attorney in Tampa, FL can help you submit a suit with the third-party auto insurance carrier or file a personal injury lawsuit. By following suit, you can pursue both economic and noneconomic damages.
Figuring out whether you meet the threshold standard can be a bit complicated. Sometimes, what constitutes a serious injury may not be the same between two different people. For instance, a neck injury sustained by an older person in their 80s may be deemed more serious than if the same injury was sustained by a person in their 20s. An expert personal injury attorney in Tampa, FL can help you determine whether your injury meets the threshold standards. If your injury does adhere to the threshold, your Tampa, FL auto accident attorney will advise you on the best course of action.
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