After a car crash in Florida, you have various rights and responsibilities that you should be aware of. When people do not understand their rights and responsibilities under the law and what steps filing a claim for compensation entails, this can create unnecessary stress and legal repercussions.
Never hesitate to seek assistance from a Florida car accident attorney about your rights and responsibilities after a crash. They can advise you on what to do and what you might expect from the legal process.
Your Rights After a Florida Car Accident
If you are involved in a car accident in the state of Florida, understanding your rights protects you and ensures you claim any compensation you may be entitled to. One of your primary rights is the right to seek medical treatment for any injuries sustained in the collision. Florida’s Personal Injury Protection (PIP) insurance covers you regardless of who was at fault. PIP insurance coverage is mandatory under Fla. Stat. § 627.7407.
If your injuries resulted from a faulty part, you may file a product liability claim against the manufacturer. Your other rights after a car accident in Florida include:
- The right to obtain legal representation
- The right to request your claim file from the insurance company
- The right to recover damages from multiple parties
Furthermore, you have the right to obtain a copy of the police report, which is a critical document for insurance and legal purposes. This report will contain important details regarding the crash, including the determination of fault. You also have the right not to admit fault at the scene, as doing so can work against you later on.
You also have the right to fair treatment and compensation under Florida law, which includes your ability to pursue legal action if negotiations with insurance companies are unsuccessful. Even though Florida operates under a no-fault insurance system, you – as the injured party – have the right to file a lawsuit against the at-fault party if you suffer an injury that meets the “serious bodily injury” threshold under Fla. Stat. § 627.737.
Your Responsibilities After a Florida Car Accident
After a car accident in Florida, you also have certain responsibilities that must be fulfilled. First and foremost, you are required to stop at the scene of the accident. Florida law requires every driver to stop immediately at the scene or as close to it as possible if the accident caused property damage (Fla. Stat. § 316.061) or resulted in injury or death (Fla. Stat. § 316.062). It is illegal to leave the scene, especially if there are injuries or property damage. Your next responsibility is to exchange information with the other drivers involved, including names, contact information, and insurance details.
Florida law requires you to report the accident to the local police department if there are injuries or damage to property exceeding $500 under Fla. Stat. § 316.065. When discussing the accident with other parties, the police, or insurers, stick to the facts. Avoid making admissions or statements that speculate about fault.
Additionally, you are responsible for notifying your insurance company about the accident in a timely fashion, as failing to do so can result in the denial of a claim. Your cooperation with the insurance adjusters is necessary. However, always seek legal advice before signing any documents or making recorded statements that can affect your rights. Last but not least, you have the responsibility to mitigate damages, which means taking reasonable steps to prevent further losses or injuries after the accident. This can include seeking necessary medical treatment promptly and not taking actions that will worsen the situation.
By understanding and fulfilling your responsibilities, you help protect your rights and can assist in creating a clearer picture of the events should legal action become necessary. However, it can be tough to ensure that you are fulfilling all your responsibilities after a Florida car accident, which is why you may need the guidance of a lawyer.
Evidence to Build Your Case
Medical Documents and Bills
Seek immediate medical attention after an accident. This is true even if you feel fine, as some injuries take time to show symptoms. Keep all medical records and bills – including ambulance rides, hospital stays, treatments, medications, and any other healthcare services related to the accident. These documents serve as proof of the injuries you incurred and their financial impact.
Photos and Videos of the Accident Scene
Visual evidence can be powerful. Your attorney can discover if someone took high-quality photos and videos capturing all vehicles involved and their damage, the surrounding area, including traffic signals, signs, road conditions, skid marks, debris, and property damage, as well as injuries you or passengers sustained.
Dashboard Camera Footage
If your vehicle (or another party’s vehicle) had a dashboard camera, save and secure the footage immediately. This can provide real-time evidence of the accident, potentially showing the cause and impact.
Witness Testimony
Eyewitnesses can provide unbiased accounts of the crash. If anyone saw what happened, ask for their name, contact information, and a brief statement. Their perspective can be critical for establishing the events leading up to the accident.
Expert Witness Testimony
In some cases, you may need testimony from accident reconstruction experts or medical professionals to support your claim. Although this is often gathered at a later stage, knowing that these resources are available is essential.
Police Reports
Always call the police after an accident. They will fill out an accident report containing details about the crash, which is an authoritative document that insurance companies often rely on. The police report will provide information about any citations another driver received or whether they were arrested for driving under the influence (DUI) or other serious violations. This can help prove liability for your accident and losses.
Pay Stubs and Tax Documents
If the accident affects your ability to work, you will need to prove the income you have lost due to injuries. Collect recent pay stubs, tax returns, or other documents that prove your normal earnings.
Journals and Other Testimony
In addition to proving financial losses, you might present journals detailing your pain and suffering levels each day and how your injuries affect your daily life. This can work to prove the non-economic damages you deserve for your injuries.
Which Damages Can I Recover After a Florida Car Accident?
If you are a victim of a car accident in Florida, the law is on your side regarding compensation. Whether for medical bills, lost income, or the emotional impact of the crash, there are avenues through which you can seek recovery. However, obtaining what you deserve under the law is not always simple.
Personal injury law refers to the money you can recover after someone’s act of negligence as “damages.” Below are some various types of damages you can potentially recover to help you rebuild your life post-accident.
Medical Costs
One of the primary concerns following a car accident is dealing with medical expenses. These costs can run high, especially if there are severe injuries that require long-term treatment. In Florida, compensation for medical costs can cover:
- Emergency medical care – immediate medical assistance following your collision.
- Medication – any pharmaceuticals prescribed as part of your healing process.
- Surgery – operations necessary due to injuries sustained in the accident.
- Assistive medical devices – crutches, wheelchairs, or other devices to aid your recovery.
- Doctor consultation fees – appointments with healthcare professionals for assessments and treatments.
- Rehabilitative care – physical therapy sessions to regain strength and mobility.
- Home nursing care – in-home healthcare services if needed.
The average cost of an “evident” injury caused by a car accident is in the tens of thousands of dollars, while a disabling injury can be hundreds of thousands or more, a major portion of which is spent on medical care.
Lost Income
Serious injuries can keep you from work, resulting in lost income. You can seek compensation for the earnings that you have missed due to the accident and even potential future income if you cannot return to your previous employment. Injured victims can often claim compensation for diminished earning capacity as well.
Mental Anguish and Emotional Distress
The emotional impact of a car accident should not be underestimated. Victims often suffer from:
- Mental anguish – psychological suffering that might manifest as anxiety, depression, or PTSD.
- Emotional distress – the feelings of anger, denial, sadness, fear, shock, and grief after the collision.
- Pain and suffering – the physical and mental pain you may experience after the crash.
- Trauma therapy – professional counseling and therapy sessions to address the emotional fallout from your accident.
Victims of car accidents often experience distress that can be just as debilitating as physical injuries. Florida law acknowledges this and often allows for the recovery of damages relating to the mental and emotional toll of an accident.
The information above is for informational purposes only and does not constitute legal advice. Consider seeking guidance from an experienced car accident attorney who handles Florida accident cases to get a personalized consultation. They can provide you with valuable advice on recovering all the damages you deserve, helping you to focus on the most important thing – your recovery.
A Florida Car Accident Lawyer Can Help You Understand Your Rights and Responsibilities
Being involved in a car accident can be an overwhelming experience, especially when it comes to navigating the aftermath within the legal frameworks of Florida. If you have been in such an accident, understanding your rights and responsibilities is crucial for ensuring you are fairly compensated and protected under the law. Here are the reasons hiring a car accident attorney can be invaluable:
- Initial legal consultation. A lawyer can offer an initial consultation to assess the circumstances surrounding your accident (many law firms offer free initial consultations). This step is essential in understanding the potential legal options available to you and what actions you should take next.
- Understanding Florida’s car accident laws. Florida has specific laws that pertain to car accidents, including no-fault insurance rules and statutes of limitations. For example, the statute of limitations for personal injury cases is two years from the date of injury under Fla. Stat. § 95.11. An attorney can provide clear guidance on your rights and responsibilities, ensuring that you comply with all local regulations.
- Assistance with insurance claims. Navigating insurance claims can be complicated and frustrating. Your lawyer can help ensure you receive fair compensation and are not taken advantage of by insurers, protecting you from lowball settlement offers.
- Legal representation in court. Should your case proceed to trial, having a lawyer means having an experienced legal representative who can argue your case effectively before a judge and jury. This can increase your chances of a favorable outcome.
- Determining liability and proving fault. Establishing who was at fault is a decisive factor in any car accident case. Your lawyer can help determine liability and gather the necessary evidence to prove fault, including police reports, witness statements, and expert testimony.
- Navigating the legal process. The legal process after a car accident involves many complex steps and strict deadlines. Having a lawyer by your side ensures that all filings are correct and on time, protecting you from procedural errors that could hurt your claim.
- Protecting your rights. An experienced lawyer will offer advice on how to protect your rights throughout the legal process and how to handle communications in a way that does not undermine your claim.
- Obtaining and organizing evidence. Collecting and organizing evidence is key to building a strong case. Attorneys have the experience and resources to efficiently gather all pertinent evidence to support your claim, including the ones we discussed in the section above.
- Protection from unfair practices. An attorney serves as a safeguard against predatory or unfair legal practices by the other party, their representation, or insurers, ensuring the process is fair and just.
Consider scheduling a free case evaluation with a car accident lawyer who can guide you through the legal process after a car accident and ensure that you get the financial compensation you need and deserve.
You have nothing to lose and everything to gain by seeking your free consultation with a Florida injury law firm today.