The effects of a car accident in Boynton Beach, Florida, are typically better imagined than experienced. It can be too overwhelming to deal with, from varying degrees of injuries to property losses and even death. Boynton Beach personal injury lawyers may intervene to help victims recover from the harsh consequences of an accident. However, it can still be a challenging situation to process initially.
As such, every Florida motorist should learn the essential steps in navigating a serious traffic crash in the city. The first thing to understand is that Florida is one of the few no-fault states in the country. This means that after a road collision, every victim must seek compensation from their own insurance providers.
The rule applies even when another negligent or irresponsible driver caused the accident. As such, every motorist in Florida must own personal injury protection (PIP) coverage.
Does this mean that victims cannot look elsewhere for compensation if their PIP coverage doesn’t cut it? Will the irresponsible driver always go scot-free for their recklessness? This article will discuss these questions in detail.
What Does a Third-Party Accident Claim Mean?
Apart from first-party claims, Florida allows third-party cases in some situations. First-party cases are the claims for compensation that crash victims make to their insurance companies. This is what Florida expects per the state’s no-fault rule.
However, first-party insurance claims sometimes don’t always provide enough damages for claimants. This is because they could possibly only cover up to a percentage of your bills based on a $10,000 policy limit. The law allows victims to approach the at-fault driver (third party) for compensation in such circumstances. This works when the negligent motorist has third-party liability coverage to cover the damage.
If the at-fault driver doesn’t have suitable insurance coverage, victims may proceed against them in court. Another option is filing a third-party suit against the vehicle’s manufacturers if a defective car part caused the crash.
Who Is Eligible to File a Third-Party Car Crash Case in Boynton Beach, Florida?
It’s not in every situation that crash victims can file a third-party claim in Florida. To be qualified for such relief, they must meet a specific injury threshold. This means that their injuries must:
- Be substantial or less to permanent/significant loss of a vital body function
- Cause significant scarring or disfigurement
- Be permanent and within a reasonable degree of medical probability, or
- Lead to the victim’s death. In such cases, the victim’s personal representative will file the lawsuit.
While filing a third-party case, injured persons must also prove the defendant’s negligence by showing:
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A Duty of Care
This means that, by law, the at-fault party was responsible for the victim’s safety in the circumstances. For example, all motorists must ensure that their actions don’t endanger others. Also, motor vehicle manufacturers are legally required to only release safe cars on the market.
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A Breach of That Duty
Any actions that disregard a duty of care can lead to a personal injury case. In automobile accidents, such actions may include distracted driving, DUI, speeding, etc.
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Causation
Breaching a duty of care is different from causing an accident. Sometimes, a negligent person’s action may have nothing to do with the crash. In such cases, victims cannot hold them responsible for that damage.
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Damages
Personal injury cases aim to compensate for injuries or property damage. If the auto crash victims didn’t suffer any injury in the accident, there is no basis for a claim.
Compensation for Car Crash Victims in Boynton Beach, Florida
The good thing about third-party cases is the possibility of higher financial compensation than first-party claims offer. While victims will primarily be able to recover damages for their medical bills and property loss, they can seek for more when it is needed under certain circumstances.
Other types of compensation in a third-party case includes:
- Lost wages
- Loss of future earning capacity
- Emotional distress
- Pain and suffering
- Loss of consortium
- Physical therapy and rehabilitation
- Disability costs
- Permanent disfigurement
- Punitive damages
Our third-party accident liability attorneys help victims determine what a fair compensation amount is for their unique situation. They also guide victims through the legal process to maximize their chances at a positive outcome.
What Should Victims Do After a Car Accident?
Car crash victims should do the following to increase their success chances in the event of filing a third-party claim:
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Dial 911
Life is the most important thing victims must think about after an accident. As such, they must contact health services immediately after a crash. By simply dialing 911, they can get quality and prompt medical attention. It serves another important purpose of alerting law enforcement to the accident scene.
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Gather Evidence
Adequate evidence is essential in any successful insurance claim or lawsuit. Victims can help their case by taking as many photos of the accident site and injuries as possible. They may also interview and record eyewitness statements to strengthen the proof.
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Exchange Contact Information
With many things going on at an accident scene, victims may forget to obtain the other driver’s contact details. This is a huge mistake. Victims must always be sure to notice essential details about the at-fault motorist. They should exchange names, phone numbers, addresses, and insurance information.
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Speak With a Personal Injury Attorney in Florida
Lastly, victims involved in a Florida auto collision should contact their lawyer as soon as possible. This is because only an experienced Florida attorney can help them navigate the complexities of the legal system.
How Can a Boynton Beach Auto Accident Lawyer in a Third-Party Accident Case?
Here’s why hiring a personal injury attorney after an auto crash is vital for success at a stress-free legal process:
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Case Analysis and Consultation
There’s no need for anyone to file a third-party case only to be offered meager settlement amounts. An experienced injury lawyer can help claimants assess their case and determine a fair compensation amount. Victims can also consult with them on the best steps to avoid mistakes that jeopardize their success chances.
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Negotiation With Insurance Companies
Insurance companies look like they’re always ready to save the day in TV commercials. Unfortunately, that’s not the case in real life. Many will try all avenues to deny compensation benefits or pay very little. However, personal injury lawyers have advanced negotiation skills that help their clients seek the full compensation when it is legally deserved.
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Appropriate Legal Action in Court
Sometimes, it’s impossible to file a third-party insurance claim because the at-fault party has no insurance coverage. At other times, insurance companies may act problematic by sticking to low compensation amounts. In such cases, injury attorneys can file a lawsuit in court on their clients’ behalf. They also offer their clients quality legal representation by using their advocacy skills throughout the process.
Contact Our Experienced Attorneys at Frankl Kominsky Injury Lawyers Today
Florida car accident victims must turn to their PIP insurance to compensate for their losses. However, our Boynton Beach personal injury lawyers can help you explore other options when it is merited. With our extensive knowledge of Florida’s injury laws, you can trust us to help you make the best decisions in your case.
Do you want to file an auto crash claim in Boynton Beach? Our experienced team at Frankl Kominsky Injury Lawyers is here for you. Contact us at your earliest convenience at (561) 800-8000 for a thorough case review. You deserve justice.