South Florida Injury Attorneys Blog
If you are new to Stuart, Florida, or have never been in a car accident before, you may not be familiar with Florida’s car accident laws. Recovering from damages you’ve lost in car accidents in this state is possible, but it all comes down to liability.
Car accident victims often ask if it’s possible to seek compensation for injuries even if the accident was partially their fault. The short answer is yes, it’s possible, but there may be some deductions or stipulations.
Handling car accidents in Florida can be tricky and should ideally not be something you try to tackle alone. Here’s how to go about seeking compensation for your car accident injuries even if you’re partially responsible for the incident.
How Florida Car Accident Laws Impact Victims
Unlike some states, Florida is unique when it comes to handling car accidents. Instead of being an at-fault state, Florida is a modified-comparative fault state which means everyone involved in the accident shares a certain percentage of responsibility for the accident. The percentage you’re found at-fault for can impact the amount you stand to recover in damages when you begin seeking compensation.
For instance, let’s say another driver was found 70% responsible for the accident because they ran a red light, but you were found 30% responsible for slightly speeding. The 30% you’re found at-fault for is how much will be reduced from your earnings .
In this case, if you are found 30% responsible for the accident and are awarded $100,000 in damages, you will actually leave with $70,000 before you pay your attorney’s fees. Although it is still possible to seek compensation for injuries in an accident you’re partially responsible for, your involvement in the accident will impact your ultimate earnings to some degree.
What to Do After a Car Accident (And Why It’s Important)
If you are ever involved in a car accident in Stuart, Florida, the next steps are crucial as they can make or break your case as well as impact your settlement and earnings.
The first thing you should do, even if the other driver does it too, is call the police. Florida has a legal rule that states individuals in car accidents must call the police if there’s an accident resulting in any kind of injury or if there are over $500 in damages. Since both of these things are likely to happen after most wrecks, it’s imperative to say you should call the police no matter what.
The good news is that the police will arrive to the scene and file an official report that details the accident, who’s more at fault, how it occurred, and the extent of everyone’s apparent injuries. This report, along with your medical report, can be used as evidence for your claims later on, which is why it’s very important you never miss out on being medically observed or calling the police.
After you’ve been examined, you will likely be released home. Before you pick up the phone to call your insurance, contact or hire a trustworthy Stuart Car Accident Lawyer. This step is crucial if the accident is partially your fault.
Your PIP insurance will significantly reduce your earnings if you give them any hint that the accident was your fault. It’s possible that you might say something that can be misconstrued or taken the wrong way, which can give the insurance adjuster an indication that you do not need as much financial help. When you have an attorney speak on your behalf, you can prevent this from happening.
Never Handle a Claim Alone
An attorney can optimize your chances for an adequate outcome, whether it’s with your insurance or a lawsuit. One of the best things you can do for your position regarding your injuries is to hire an attorney in your area since they can offer you sound legal advice.
Your attorney will be responsible for speaking to insurance and in court, if your claim warrants a lawsuit. Car accident attorneys in Florida have extensive legal knowledge to help give you the best advice possible when it comes to your case and provide you with the right services.
Here’s what you can expect working with a Stuart Car Accident Lawyer:
- An accurate and thorough review of your evidence and case position
- Help filing your insurance claim
- Help filing a lawsuit
- A personal advocate
- Negotiations for fairer settlements with insurance and the defendant
- Having someone on your side who will keep your best interests at heart
Don’t wait to hire an attorney once you run into issues with your claim. Rather, have a legal partner on your side from the beginning to avoid problems from happening in the first place.
Recovering Damages If You’re Partially At-Fault
The help of a trusty Stuart Car Accident Lawyer can help you seek compensation for your injuries even if you are partially at fault for your accident. They know how to review your case and side of the accident to give you the help you need.
Here is a list of damages you may be eligible to recover from when you seek compensation in a car accident you’re partially responsible for:
- Hospital bills (current, past, and future for the accident)
- Long-term medical care or assistance
- Treatments and procedures
- Lost wages from time off work
- Pain and suffering
- Loss of enjoyment of life
- Physical and mental anguish
One thing to keep in mind is that you will not be able to recover compensation associated with vehicle damages. If you would like to have the availability of this assistance, you will need to have collision coverage with an insurance company.
Let Frankl Kominsky Injury Lawyers Help
At Frankl Kominsky Injury Lawyers, we understand how difficult these claims can be due to laws and regulations. That’s why we are the experts to call. Our firm has been practicing for the last four decades, which means we have the experience and knowledge of the statute of limitations you need to seek compensation.
Car accidents, whether you’re at-fault or not, can be very detrimental to a person’s health and difficult to seek compensation for injuries. Having an attorney on your side can ease that burden.
To get started, we need to learn more about you and your case so we can determine your best course of action and how to proceed. Schedule your free consultation by calling (561) 800-8000 or leave your information on our online case evaluation form.
When someone reaches out to schedule a day and time for you to meet one-on-one with one of our attorneys, please bring the following items so we can best assess your position:
- Medical bills associated from the accident
- Lost wages from time off work
- Police report (if you have a copy)
- Insurance policy information
- Evidence from the scene
You can trust that we will have your best interests in mind. It’s our pleasure to serve you, and we look forward to working with you.