Being in a car accident is a traumatic experience and can change the trajectory of your life. From physical injuries to emotional and financial distress, the repercussions in the aftermath of an accident can be overwhelming. It leaves individuals and their families struggling with recovery and financial stability. Families that have lost a loved one have profound grief and endure the challenges of rebuilding their lives without their cherished family member.
The following frequently asked questions are designed to provide answers to some of the most common questions after a Florida auto accident:
- What should you do immediately after a car accident in Florida? Safety is always first. Contact emergency services to attend to injuries. Take photographs of the accident on your phone from different angles. Gather contact information from bystanders who can testify on your behalf. Do not admit fault or apologize; this can be used as evidence against you. Exchange information with the other party or parties and notify your insurance company. Speaking with a Florida personal injury attorney before making any statements is in your best interest.
- Should law enforcement be called for every accident? Under Florida law, you must file a police report within ten days if there are injuries or if property damage exceeds $500. The police should be called to respond immediately if there are significant injuries, death, or excessive damages. If the crash involves a hit and run, one party is intoxicated, or a commercial vehicle is involved, the police should be called to the scene of the accident.
- Why is it important to have a medical exam after an accident? A medical report is the foundation of an insurance claim after an accident. A medical examination establishes the direct connection between your injuries and the accident. In addition, a car accident victim may not realize the severity of their injuries, such as internal injuries or head trauma. Without proper medical care, these injuries may have long-lasting effects on their health and future.
- What is Florida’s “no-fault” law, and how does it work? Florida is a no-fault insurance state. All car owners must carry personal injury protection (PIP) insurance and property damage liability (PDL) insurance, which covers medical costs and property damage regardless of fault. After an accident, car owners must initially file accident claims with their insurance carrier. If the medical bills or property damage exceeds the limits of these policies, the car owner can initiate a claim against the at-fault party or parties in an accident. PIP insurance does not only cover the insured. It covers passengers, pedestrians, and bicyclists.
- What if you are partially at fault in an accident? Florida is a comparative negligence state. Even if you are partially at fault in an accident, you may still recover compensation for damages. However, your percentage of liability will reduce your settlement or judgment. For example, if your award for a claim is $100.000 and you are found to be 30% at fault, you will receive $70,000 for your claim.
- What is a wrongful death claim? A wrongful death claim is a civil lawsuit against the party or parties who are responsible for the death of another due to negligence or malicious intent. The survivors, such as the deceased’s spouse, children, parents, or dependents, can file these claims. We understand that monetary awards cannot replace a loved one or family member but can hold the responsible party accountable and help ease the financial burden.
- What compensation is available to the survivors of a Florida wrongful death claim? Damages awarded in a wrongful death claim may include compensation to cover the cost of funeral expenses, medical bills, lost current and future wages, loss of companionship, mental pain and suffering, and other economic and noneconomic losses. Punitive damages may be awarded to the survivors if an individual caused the death due to extreme recklessness or malicious intent.
- Do you need a lawyer after an auto accident? While hiring a lawyer to represent you after a car crash in Florida is not mandatory, a seasoned car accident attorney can investigate and account for all the economic and noneconomic losses resulting from an accident. Insurance carriers often deny, delay, or minimize personal injury claims. With proper legal representation, your rights will be protected. Your attorney will negotiate your claim until you reach a fair settlement or litigate the case in a court of law. While you focus on recovery, trusted legal counsel will focus on the compensation you need and deserve. Studies show that victims of car accidents generally receive higher recovery amounts when represented by a lawyer.
- Why should you choose the Ogle Law Firm? We have helped countless clients win personal injury cases for nearly forty years. We are committed to holding those who cause harm accountable, as they must be held responsible for their actions. Our founder, Attorney William Ogle, has earned the distinction of being a National Board-Certified Civil Trial Specialist since 1992. He is highly regarded as an expert in his field and promises to be 100% committed to his clients above all considerations.
The Ogle Law Firm: Your Recovery is Our Focus
To learn more about how the Ogle Law Firm can help you today, contact us at (386) 253-2500 for a free consultation. You are never charged a fee until we win your case or settlement. The Ogle Law Firm has offices in Daytona Beach and Gainesville, Florida. While we sincerely hope you never experience a serious car accident, if you do, our Florida personal injury attorneys are here to guide you, protect your rights, and get the justice and compensation you deserve.