While no one ever expects to be involved in a car accident, the unfortunate reality is that many drivers will experience one at some point in their lives. If you’ve been in a car accident in Florida that wasn’t your fault, and you’re suffering from serious injuries or your insurance is not enough to cover your costs, you may be able to file a car accident lawsuit to seek full compensation for your losses. Chiappetta Trial Lawyers can help guide you through the process. Contact our Florida car accident lawyers today to get started.
Key Takeaways
- Florida is a no-fault state, but you may still be able to sue for additional compensation if you suffer serious injuries or your medical costs exceed your PIP coverage.
- Hiring a Florida car accident lawyer ensures that you have an expert navigating the complex laws, handling the evidence, and advocating for a fair settlement on your behalf.
- The steps you take after a car accident—such as getting medical attention, documenting the scene, and contacting a lawyer—are critical for a successful claim.
When Can You Sue For a Car Accident in Florida?
Florida has unique laws when it comes to fault, negligence, and insurance in a car accident. Florida is a no-fault state, which means that in most cases, it doesn’t matter whether you or the other driver are at fault for the accident because all drivers are required to have personal injury protection (PIP) insurance, and thus both are covered.
However, car accident victims in Florida may be able to pursue additional compensation by filing a lawsuit against the at-fault driver if:
- They suffered from a “serious injury,” which includes any injury that results in scarring or disfigurement or significant or permanent loss of an important bodily function.
- Their medical costs surpass the limits of their PIP coverage.
Do I Need An Attorney to File a Car Accident Lawsuit in Florida?
While you aren’t required to hire an attorney to file a lawsuit against another driver, doing so gives you the best chance of receiving a fair settlement. A Florida car accident lawyer brings knowledge of local and state laws concerning liability and insurance, gathers strong evidence to build your case, and handles every step of the legal process.
From drafting and filing a formal complaint with the appropriate court to negotiating with insurance companies, an experienced lawyer manages the complexities while you focus on recovering from your injuries. During settlement negotiations, your lawyer will advocate on your behalf to secure compensation that accurately reflects your injuries and losses. Most cases are settled out of court, but if an agreement isn’t reached, your lawyer will represent you at trial.
Florida’s negligence laws also impact your potential settlement. If the court finds you less than 50% liable for the accident, you can still receive compensation. However, being found more than 50% liable means you may be ineligible for any settlement. Hiring a knowledgeable attorney ensures that your case is handled effectively, maximizing your chances of a favorable outcome.
If the court finds you more than 50% liable for the accident, you may be ineligible for any settlement.
What Damages Can You Can Recover After a Car Crash?
PIP insurance covers physical injuries, but it doesn’t take damage to your car, emotional trauma, or other types of losses into consideration. This is where a car accident lawsuit can come into play. Here are the types of damages you may be able to receive compensation for if you decide to file a suit:
- Medical bills, treatment, and medication
- Therapy for PTSD, anxiety, and other emotional trauma
- Pain and suffering
- Disfigurement
- Social isolation
- Wages lost during your recovery
Florida Car Accident Statistics: How Common Are Crashes?
According to data from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are an average of over 1,000 car accidents in Florida every day. In 2024, more than 160,000 of these crashes resulted in injuries and nearly 3,000 involved fatalities. According to the Florida Department of Health, motor vehicle accidents are also one of the leading causes of death in the state.
What Are the Most Common Causes of Florida Car Accidents?
Florida has one of the highest rates of car accidents in the U.S., but what are the most common causes of these accidents? According to the FLHSMV‘s Traffic Crash Facts Annual Report 2023, here’s how most accidents happen:
- Distracted driving, such as using a cell phone or other device, caused over 150,000 injuries and fatalities.
- Speeding or aggressive driving resulted in more than 16,000 accidents involving injuries or fatalities.
- Drug or alcohol use was determined to be a factor in over 5,800 crashes.
Steps to Take After a Car Accident in Florida
Knowing the immediate steps to take following a car accident is crucial to protecting the safety of yourself and those around you. However, following the proper procedures after a car accident also safeguards your chances of a fair settlement. Here are the general steps you’ll need to take if you find yourself involved in a car accident in Florida:
- Check for injuries: Safety should be your number one priority. If there are any serious injuries, call 911 and ask for a paramedic. If possible, move to a safe location and wait for first responders to arrive.
- Cooperate with law enforcement: Unless you require immediate medical attention, you will be required to stay at the accident site until police arrive. The police will conduct an investigation and compile an accident report. They will interview both you and the other drivers, as well as any other witnesses.
- Document the accident site: If it’s safe to do so, take pictures of the damage to your car, your injuries, as well as road and weather conditions. You’ll also want to exchange contact information with the other drivers and any witnesses at the scene.
- Get a medical evaluation: Regardless of how severe you think your injuries may be, it’s always best to get a professional opinion. Many serious injuries, such as brain injuries or spinal injuries, don’t present symptoms until many hours or even days later.
- Notify your insurance: Drivers in Florida are required to contact their car insurance company as soon as possible after an accident.
- Contact a car accident lawyer: In addition to your insurance company, consider reaching out to a car accident lawyer in Florida, who can advise you on your situation.
Florida Car Accident Lawyer: FAQs
How much does a Florida car accident lawyer cost?
Most car accident lawyers, including Chiappetta Trial Lawyers, offer their services on contingency. This means that the firm covers the upfront costs of investigating your claim and filing the suit and only charges you a percentage of the settlement amount, usually 30 to 40 percent. Note that in some cases, you may need to cover additional fees, so you should always be sure to clarify all costs during your initial consultation.
How long after a car accident can you sue in Florida?
In Florida, the statute of limitations for filing an injury-related car accident lawsuit is typically two years from the date of the accident. If you are filing a lawsuit over damages to your vehicle, the statute of limitations is four years from the date of the accident.
How much can someone sue for a car accident in Florida?
It depends, but typically, the more severe the damages are, the more likely it will be that your lawyer can reasonably advocate for a higher settlement. It will also depend on the strength of the evidence that you can present during settlement negotiations. If your evidence demonstrates that the other driver is more liable than you are, your chances of a higher settlement go up.
How long does it take to settle a car accident case in Florida?
It depends on the circumstances of the accident and the availability of viable evidence. In general, it can take several weeks to several months. However, the process is typically much faster with the help of a car accident lawyer who understands how to navigate each step efficiently and anticipate potential setbacks.
Get in Touch With a Florida Car Accident Lawyer at Chiappetta Trial Lawyers
At Chiappetta Trial Lawyers, we are committed to helping victims of car accidents recover the compensation they need to rebuild their lives. We have recovered millions of dollars for our clients and you can count on us to guide you through your case with compassion and clear communication. Whether you have questions concerning the personal injury filing process or you need effective counsel today, we encourage you to contact us for a free consultation.
