What Steps Should I Take If I Have Been Injured In An Auto Accident?
The first step you should take if you have been injured in an auto accident is to report it to your own insurance carrier. In Florida, it’s important because you have no-fault coverage, which is known as personal injury protection or PIP. Most of the time, it pays up to $10,000 in medical bills, and gets you in to see a doctor without having to pay out of pocket or charging it to your own medical insurance company regardless of whether you have private or group medical insurance. The next thing you should do is contact your lawyer or find a lawyer if you don’t have one. If you are able to do so, call the lawyer and tell him or her that you’ve been injured, that you are hurting, and need legal advice.
Do I Still Have A Case If I Was Personally At-Fault For The Auto Accident?
In Florida, you still have a “case” even if you were personally “at-fault” or “partially at-fault” for the auto accident. Florida is a comparative fault state. It also doesn’t make a difference as to who got the ticket. If the police officer didn’t see the accident, they are only supposing who may be at-fault. In Florida, it’s up to the jury if you try the case, or it can be between the lawyer, the adjuster, or the opposing counsel if the case is being settled. For example, if the case is worth $100,000, and it’s determined that either by agreement or by a jury that the injured Plaintiff is 50% at-fault, they would then get half of the settlement or verdict amount. Of course, if you are totally at-fault, it doesn’t pay to go further on a case with a lawyer. But again, if you are unsure as to who might be at fault, you should call a lawyer and let the lawyer help you decide the best options for you.
What Are The Time Limits For Bringing An Auto Accident Injury Lawsuit In Florida?
If the wrongdoer (the tortfeasor or the person at-fault), is a company or person in Florida, you have four years to bring a lawsuit. If you have what is known as uninsured motorist coverage in Florida, you have five years to bring that particular lawsuit. That’s when you have your own insurance company in the seat of the person at-fault who either has insufficient insurance or no insurance at all, and that’s a five-year time limit for filing a case against your own insurance company for the UM coverage.
What Defenses Do Insurance Companies Use to Avoid Paying Out On Personal Injury Claims?
Insurance companies will often say that it is entirely the injured party’s fault to avoid paying out on personal injury claims. But simply because they say it, it doesn’t mean that it is true. That’s why you need a lawyer. The other defense that they will use is that there is partial fault on the part of the injured party. Again, one needn’t accept that. That is what your lawyer will help you navigate through. One of the key defenses is that you weren’t really injured, or that you had prior injuries, and this wasn’t a new injury. Again, because they say it doesn’t make it true. Even if you were injured before, or even if you saw a doctor for a back injury that day or a week before, in Florida, you can recover for an exacerbation or an increase in symptoms caused by the accident in question over any prior symptoms that you have had before.
Also, if you had an arthritic condition that didn’t give you pain before or one that you may not have even known about until after the accident, then it is an activation of a previously non-active condition or a latent condition. They will try to say that the condition was going to happen anyway and that the accident didn’t cause it, but your lawyer will help you navigate through these defenses.
For more information on Auto Accident Personal Injury Claims In Florida, a no obligation consultation is your next best step. Get the information and legal answers you are seeking by calling (813) 906-2212 today.
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