The cost of car accidents is high due to the damage done to property, injuries sustained, medical bills, lost wages, and other expenses. Is there a way for you to save money by filing a claim, even if it was your fault?
A Fort Walton Beach injury lawyer says you could. Personal injury protection, the Florida no-fault policy that covers drivers in Florida, only covers a small portion of medical expenses and lost wages.
You cannot sue another driver for further damages. However, if your injuries are serious, you may be able to file a lawsuit. What you need to know
What Florida defines as a Serious Injury
Florida Statute 627.737 defines serious injuries as:
- A victim who has suffered permanent loss of a vital body function
- Disfigurement or scarring that is permanent or significant
- Wrongful death
- Permanent injury or scarring that is not disfiguring and which can be reasonably attributed to medical probability
Florida is a state that does not assign blame. Therefore, it is important to determine fault when calculating damages. Florida uses a pure comparative system of fault. This means that, if your personal injury claim is worth $100,000 and you’re 20% at fault, you can only receive $80,000 as compensation.
Proving Negligence or Fault
You can still receive compensation if your fault is proven in a Florida auto accident claim. Plaintiffs, or the person who files the lawsuit in court, are likely to hire a personal injuries lawyer to prove both their innocence and negligence.
To prove negligence, a plaintiff must provide evidence to show that you had a duty of caring, breached this duty, and the breach was directly responsible for the accident.
The plaintiff’s attorney will likely hire accident reconstructionists and witnesses in order to prove the cause of the accident. Imagine you’re sued over a car crash. The plaintiff will have to prove that their injuries were caused by the accident, including economic and noneconomic damages.
The best thing you can do as a defendant is hire your own personal lawyer and utilize the comparative fault system. You might have caused an accident by speeding while the other driver was distracted and couldn’t avoid it.
What to Do After an Auto Accident
You should not admit to being at fault in a car crash, even if it is the majority of your fault. You should call the authorities, particularly an ambulance to assess your injuries and take pictures of the accident site.
Note down all the information, including that of any eyewitnesses. Contact a personal injury attorney immediately. Accidents are not always the result of one person’s negligence. There are other factors that can be at play, like bad roads or defective mechanisms. While you recover, let your lawyer prepare your case. Consult a lawyer to find out if you are eligible for a claim, even if the accident was your fault.
