Car accidents can happen at any time. No matter how safe of a driver you are, you can still be involved in a car accident and suffer several bodily injuries. This is why it is important to always be prepared by knowing how to claim personal injury from a car accident. The process can seem daunting, but with the help of Jared Spingarn, an experienced car accident lawyer in Hollywood, FL, it can be much easier.
This article will discuss the steps involved in filing a personal injury claim after a car accident. We will also discuss the types of compensation you may be entitled to receive from the insurance company after a motor vehicle accident. Continue reading to learn more.
Florida’s Personal Injury Protection Coverage
All drivers in Florida are required to have personal injury protection (PIP) coverage as part of their auto insurance policy. This type of coverage will help pay for your medical bills and lost wages in the event that you are injured in a car accident, regardless of who is at fault. Florida’s personal injury law was created to minimize the number of lawsuits being filed especially for minor incidents.
PIP coverage has a limit of $10,000, so it is important to understand that this may not cover all of your expenses related to the accident. It may be enough to cover minor medical costs, but if you were in a serious accident, you will need a higher amount to cover your medical bills. Additionally, in Florida, you will only be eligible to file a personal injury lawsuit if you meet the following conditions:
- The injuries of the accident victims resulted in serious disability or death;
- The other driver was found to be negligent. In Florida, negligence is defined as the failure to exercise the level of care that a reasonable person would under the circumstances.
What other types of coverage can I use after a car accident?
Aside from personal injury protection coverage, you can also seek compensation from other sources in order to fully cover your losses. Once you have maxed out your PIP coverage but are not qualified to file a lawsuit, you can opt for the following types of coverage instead:
Bodily Injury Liability Coverage
Bodily injury claims are filed under the at-fault driver’s bodily injury liability insurance. Bodily injury coverage is designed to pay for the medical expenses and property damages of the other driver, as well as any passengers in their vehicle. In order to receive compensation from this type of coverage, you will need to prove that the other driver was at fault for the accident and that your injuries were a direct result of the accident.
If you live in Florida, bodily injury liability insurance is not required by the state. Thus, if the at-fault driver does not have this type of coverage, you may still be able to seek compensation through their PIP coverage or your own bodily injury protection.
When filing a bodily injury insurance claim, you must first file a demand letter addressed to the at-fault driver’s insurance company. The demand letter should include all evidence that proves the other driver was at fault for the accident, as well as a detailed account of your injuries and how they have affected your life.
Keep in mind that for every filing of a bodily injury claim, an insurance adjuster will be assigned to investigate the accident. The job of the insurance adjuster is to settle the claim for as little money as possible. This is why it is important to have an experienced car accident lawyer from Jared Spingarn’s firm on your side who can help you throughout the claims process and negotiate with the insurance company on your behalf.
Uninsured/Underinsured Motorist Coverage
If the at-fault driver does not have any insurance or does not have enough insurance to cover your damages, you can file a claim under your own uninsured/underinsured motorist (UM/UIM) coverage. This type of coverage is designed to protect you in the event that you are involved in an accident with a driver who does not have any insurance or does not have enough insurance to cover your losses.
Property Damage Coverage
If your vehicle was damaged in a car accident, you may be able to file a property damage claim with the at-fault driver’s insurance company. This type of coverage will help to pay for the cost of repairs to your vehicle.
Filing a Personal Injury Claim
Before filing a claim, you will need to account for all the car accident injuries, lost wages, and medical bills that you suffered due to the accident. Once you have gathered all of the necessary evidence, you will need to file a personal injury claim with the at-fault driver’s insurance company. The insurance company will then investigate the claim and determine whether or not they will offer you a settlement. If the insurance company denies your claim or offers you an unfair settlement, you may need to file a lawsuit in order to get the compensation you deserve.
Proving Fault in a Car Accident
In order to file a successful personal injury claim, you will need to prove that the other driver was at fault for the accident. This can be done by gathering evidence such as witness statements, photos of the accident scene, and the police report. Jared’s team of lawyers will know how to effectively gather and present this evidence to the insurance company and/or in court.
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What types of compensation will I be entitled to in a car accident claim?
The types of compensation you may be entitled to will depend on the severity of the accident and the extent of your injuries. In general, you may be able to recover damages for your medical bills, lost wages, pain and suffering, and property damage.
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You may be entitled to receive compensation for your medical costs including hospitalization, surgery, medication, and rehabilitation. You will need to prove that your injuries were caused by the car accident in order to recover these damages. You must also have a comprehensive copy of all the medical treatment you received.
In some cases, accident victims are unable to report back to work immediately. This affects their capacity to earn and financially support themselves. The good news is that you may be able to recover damages for your lost wages, including wages that you would have earned if you had not been injured in the accident. You will need to prove that your injuries prevented you from working in order to recover these damages.
Pain and Suffering
Pain and suffering include physical pain, emotional distress, and mental anguish. Most accident victims only experience these for weeks or months after the accident. This is because the human body is incredibly resilient and does a great job of quickly adapting to changes. However, in some cases, accident victims experience pain and suffering for the rest of their lives. These damages can be more difficult to quantify than medical expenses or lost wages. Your personal injury lawyer from Jared’s law office will know how to effectively argue for these damages.
What if I am found to be at fault for the accident?
If you are found to be at fault for the accident, you may still be able to recover compensation for your damages. As mentioned, in Florida, you can file a claim with your own insurance company under your personal injury protection coverage, regardless of who was at fault in the accident. If you have bodily injury coverage, the other driver may file a bodily injury liability claim under your insurance.
But if you caused serious injuries to the other party, you may be potentially facing a lawsuit. In this case, it is best to begin your attorney-client relationship with Jared Spingarn immediately so he can start reviewing the facts of your car accident case.
What should I do after a car accident?
If you have been injured in a car accident, you will need to take certain steps to ensure that you are protected. Here is a general guide that you can follow right after the accident:
Receive medical treatment.
The first step is to seek medical attention. Even if you feel fine, it is important to get checked out by a doctor or go to the emergency room. This is important for two reasons. First, you may have injuries that are not immediately apparent. Second, if you do later decide to file a personal injury claim or a bodily injury claim, having documentation of your medical costs and injuries will be helpful.
Contact Jared Spingarn, Accident Attorney in Hollywood, FL.
After you have sought medical treatment, the next step is to contact an experienced Florida car accident lawyer. Jared Spingarn is your best choice in Hollywood, FL because he was once an accident victim himself. He can understand what you are going through and work with you to gather evidence and build a strong case.
Gather evidence to strengthen your case.
In Florida, there are certain car accidents in which you can file a personal injury claim against the other driver, such as if you have suffered serious injuries due to the fault of the other driver. To do this, you will need to gather evidence such as witness statements, photos of the accident scene, and the police report. Jared will help collect the necessary evidence for you so you can focus on your recovery.
Once you have gathered all of the necessary evidence, Jared will then file a personal or bodily injury claim on your behalf. The insurance company will then investigate the claim and determine how much they are willing to pay. If the insurance company does not offer a fair settlement, Jared can take them to court.
Will a car accident attorney be able to help with my car accident claim?
Yes, a car accident attorney can help you with your car accident claim. An experienced attorney will know how to gather evidence and build a strong case. They will also be able to negotiate with the insurance company on your behalf to get you the fair settlement you deserve. Contact Jared today to schedule a free consultation.
Knowing how to claim personal injury from a motor vehicle accident will help you to prepare in case you are involved in an accident in the future. If you are ever injured in an accident, be sure to contact an experienced Florida personal injury attorney from the law firm of Jared Spingarn. Jared’s team of personal injury lawyers can help you understand your legal rights and options, and will work with you to gather evidence and build a strong case.
>> 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.