Car accidents can cause serious injuries and can even be fatal. Often, car accident victims are left to deal with the aftermath of the accident, which can include medical bills, lost wages, and pain and suffering, not to mention other emotional damages. If you have been involved in an accident, you may be wondering, can someone sue you for a car accident in Florida?
The simple answer is yes, you could possibly face a car accident lawsuit if you are found to be the at-fault driver. However, there are a few things that must be taken into consideration before a lawsuit can be filed, such as the extent of the injuries suffered and if there was negligence on your part.
If you are ever involved in a legal dispute, be sure to hire Jared Spingarn, a car accident attorney who can help you navigate the complex legal system. With nearly 17 years of experience, Jared has the knowledge and skill to get you the best possible outcome for your case. Call their law firm today for a free consultation.
Florida Law: Personal Injury Protection (PIP) Insurance
Florida has a no-fault system, which means that drivers are typically responsible for their own medical expenses after an accident. These expenses should be covered by their insurance company under their personal injury protection coverage.
Under Florida law, all drivers must carry personal injury protection (PIP) at all times. This should be provided by the car insurance provider you select. When you get into a car accident, you can file a personal injury claim with your own insurance company regardless of who is at fault. Your insurance company will then pay up to $10,000, or your insurance policy limits, for your medical bills and lost wages.
It is important to note that PIP coverage does not cover pain and suffering, which is why you may still be able to sue the at-fault driver if your injuries are serious. Likewise, you can still face a personal injury lawsuit if you were at fault. Thus, if you have been in a car accident, it is important to seek legal counsel to determine if you have a case. Be sure to get in touch with car accident attorney Jared Spingarn to help you navigate the legal process, whether it is to seek compensation or defend yourself in a lawsuit filed against you.
Discover “What factors influence car insurance rates?” by exploring this article.
Florida’s Pure Comparative Fault Rule
In some cases, the at-fault driver may be held liable for damages if it can be proven that their negligence was a contributing factor to the accident. In Florida, this is called the comparative fault or comparative negligence rule. This is where things can get complicated, as there must be a determination of how much each party was at fault.
For example, if the at-fault driver was speeding at the time of the accident, but the victim was not wearing a seatbelt, both parties would be found to be negligent. In this case, the amount of damages that each party is liable for would be determined by their percentage of fault. The percentage of fault in a car accident is determined by the court, and the victim would then be able to recover car accident damages from the at-fault driver.
If you have been involved in a car accident and are unsure of your legal rights, seek out experienced representation as soon as possible. The lawyers at Jared’s law offices can offer a free case evaluation to help you understand your options and whether or not you have a case.
Dealing with a Car Accident Case in Florida
Since Florida requires all drivers to have personal injury protection (PIP) insurance, car accident victims can seek compensation or file personal injury claims with their insurance provider. But in cases of serious injury, disability, or wrongful death, a lawsuit may be filed against the driver found to be at fault.
When can I be sued for a car accident?
As mentioned, under Florida law, residents who get into a car accident must first file a claim under their personal injury protection coverage. This process helps reduce the number of lawsuits being filed because the insurance company is mandated to cover the immediate medical bills related to the car accident. However, there are some cases where the other driver can still sue you for damages.
First, the other driver must have suffered some type of serious injury as a result of the accident. This could include physical injuries or even death. If the other driver has not suffered any injuries or damages, they may still have a case against you if they can prove that the accident was caused by your negligence. Often, the negligent driver’s insurance company will pay for the damages incurred by the other driver. To win a negligence case, the plaintiff must show that you breached your duty of care to them and that this breach resulted in the accident.
What should I do if I am being sued for a car accident?
Whether it is a wrongful death suit or a car accident suit, the aggrieved party is aiming to recover damages beyond their insurance coverage or insurance policy limit. This may include additional medical treatment, lost income for a longer period, emotional damages, and pain and suffering, among others. The following are the steps you can take if you find yourself facing a lawsuit:
Speak to Jared Spingarn, Accident Attorney.
If you have been served with a lawsuit, it is important to take it seriously and seek out experienced legal representation from Jared Spingarn, Accident Attorney. Jared is a knowledgeable car accident lawyer who will know how to defend your case and give you the best chance of winning.
Do not ignore the lawsuit.
If you ignore the lawsuit, you will likely be found in default, which means that you will automatically lose the case. Additionally, the court may order that you pay the other party’s legal fees and any damages that they are owed.
Respond to the complaint.
Once you have spoken to your car accident lawyer from Jared’s firm, they will help you respond to the complaint. This is an important step in the process, as it allows you to state your defenses to the plaintiff’s claims.
Prepare for trial.
If the case does not settle, it will go to trial. Your car accident lawyer will help you prepare for trial by gathering evidence and witnesses, as well as preparing you to take the stand. Contact Jared Spingarn’s office today to schedule a free consultation to discuss your case.
How much will a personal injury lawsuit cost me?
The cost of a personal injury lawsuit will depend on a number of factors, including the severity of the injuries sustained, the amount of damages being claimed, and whether or not the case goes to trial. In most cases, a car accident claim can be settled without the need to go to trial. However, if the case does go to trial, the costs will be higher.
When you’ve been in a car accident, the last thing you want to worry about is whether or not you can be sued. However, it is important to know your rights and understand the process in order to protect yourself. Be sure to speak to your car accident lawyer from Jared’s firm about the estimated costs of your case before proceeding.
Is there a deadline for filing a personal injury lawsuit?
If you wish to file a personal injury lawsuit, or one is filed against you, take note that it must be done within four years of the date of the accident. Going beyond this statute of limitations means that you will likely be barred from taking legal action.
Once a personal injury lawsuit is filed, both parties will have their attorneys present evidence to the court in order to prove liability. This can be a lengthy and complicated process, which is why it is important to have a Florida car accident attorney by your side. Jared Spingarn has successfully represented many clients in personal injury cases, and can help you get the best possible outcome for your case.
What should I do if I get into a car accident?
Car accidents can occur at any time, and a car accident lawsuit may be awaiting the negligent driver. If you have been in a car accident, there are a few things that you should do:
Get Immediate Medical Treatment
In most car accident cases, drivers and passengers may get away with just a few scratches and bruises as long as they were wearing their seatbelts. But even if you don’t think that you are injured, it is important to see a doctor after an accident. Some injuries, such as whiplash, may not present themselves until days or even weeks after the accident.
You will also need a copy of your medical records to file a claim under Florida’s no-fault system, or to file a personal injury lawsuit. If you wait too long to get treatment, the insurance company may argue that your injuries are not related to the car accident.
Do Not Give A Statement To The Insurance Company
After an accident, it is normal for an insurance adjuster to contact you and ask for a statement. It is important that you do not give a statement to the insurance carrier without first speaking to Jared Spingarn. The insurance adjuster may use your statement against you and pressure you to admit fault, so it is important to have your car accident lawyer by your side to protect your rights.
Call the Police
You should always call the police after an accident, even if it is a minor fender bender. The police will create a report of the accident, which can be helpful if you end up filing an insurance claim or a personal injury lawsuit. The accident report will also help establish who was at fault in the accident.
Take Pictures, Videos, and Other Evidence
If possible, you should take pictures of the accident scene, as well as any injuries or damage to your vehicle. You should also get the contact information of any witnesses to the accident. This evidence can be helpful in proving your case if you end up going to trial.
Can someone sue you for a car accident in Florida? Yes, they can. But this is a tedious process that involves proving negligence as well as other factors. If you get into a car accident, schedule a free consultation with the law offices of Jared Spingarn, P.A. Keep in mind that after an accident, it is not enough to get information from car accidents blog posts because the best advice you can get will come from Jared, an experienced accident attorney who is ready to defend you in court.
>> If you’re involved in a car accident in Florida, don’t hesitate to reach out to Jared Spingarn, Accident Attorney at 1-954-781-2316 for a Free Case Review or drop a message on their Contact Us page.