Traffic collisions cause more serious injuries around Florida each year than any other type of accident. Even less severe wrecks can still be immensely disruptive to every part of your life. Unfortunately, state law imposes some unique restrictions on civil litigation that often catches unrepresented plaintiffs off-guard and prevents them from getting the maximum compensation that could potentially be available to them.
Guidance from a Miramar Beach car accident lawyer can make a huge difference in how effectively you can recover after an incident like this. Whether you just need help covering repair bills and basic medical expenses, or have suffered life-altering harm because of another driver’s misconduct, your dedicated personal injury attorney could enforce your rights and pursue the best possible result for your unique claim.
Florida courts take what is often called a “no-fault” approach to car accident lawsuits, which benefits injured plaintiffs in some ways and acts as a disadvantage in others. State law requires every motor vehicle owner to pay for a specific minimum amount of car insurance coverage, and that policy should cover economic losses like reasonable medical expenses, and even lost work income up to policy limits on a “no-fault” basis. No-fault means that no one has to prove anyone else was directly at fault for causing the wreck.
However, state law does not allow car accident victims (to recover “pain and suffering” damages) from someone who was at fault for causing their accident unless they suffered a “serious injury” resulting in permanent injury, significant disfigurement, significant disability, or death. A Miramar Beach vehicle accident attorney could assist in proving that an accident meets this “serious injury” threshold using documentary and testimonial evidence.
If litigation is possible after an auto accident, the injured plaintiff who files that claim may be able to demand restitution for all economic and non-economic consequences their accident-related injuries will have on them, including:
However, just as the defendant in a claim could be found liable to pay for damages based on their own negligence, the plaintiff may miss out on compensation if a court deems them partially responsible for causing or worsening their injuries through negligence of their own. Under a 2023 law change, if a plaintiff is deemed more than 50 percent liable for the accident, they cannot recover anything. If they are less than 50 percent liable, their final damages reward will be reduced by their percentage of fault. An injured motorist should work with a car accident lawyer in Miramar Beach to ensure their liability for the crash is limited.
Auto accidents are almost always traumatic experiences to go through, especially when they result in long-lasting injuries that are expensive to treat. In situations like this, it is essential to have someone by your side who can handle the details of the legal case and work towards a fair case resolution.
Call us today to have a conversation with a Miramar Beach car accident who could provide you with clarity and confidence regarding your next steps. You should not have to pay for the medical bills that resulted from a car crash which was not your fault.