How to Pursue Compensation After a Car Crash

If you were involved in a motor vehicle collision, you will need to file a claim under your Personal Injury Protection insurance to cover the cost of your medical treatment.
In Florida, the person who is at fault for an auto accident is responsible for property damage up to the maximum amount of insurance coverage they possess.

If you sustained severe injuries, you may need to pursue compensation beyond what is covered by your Personal Injury Protection insurance. An auto accident lawyer at Parker Waichman LLP can help you file a personal injury lawsuit.

What is the Serious Injury Threshold in Florida?

You will be unable to file a lawsuit and pursue additional compensation unless you meet the state’s serious injury threshold.

The following types of injuries meet Florida’s serious injury threshold:

  • Loss of life
  • Significant and permanent scarring or disfigurement
  • Permanent and significant loss of an important bodily function
  • Permanent injury within a reasonable degree of medical probability
  • Fracture

Your auto accident lawyer can review your medical records and speak with medical professionals to determine if your injuries meet the state’s serious injury threshold. Your attorney will gather vital evidence that supports your claim. They will send a demand letter to the other driver’s insurer.

A demand letter outlines the facts of your case, explaining how your injuries meet the serious injury threshold, discussing the legal basis for your claim, and explaining the extent of your damages. The letter will also include the amount of compensation you are requesting to settle your claim. In most cases, claims are settled through negotiations.

If the negotiations are not successful, your auto accident lawyer may advise you to pursue compensation by filing a lawsuit against the negligent driver.

How Can a Bonita Springs Auto Accident Attorney Help?

During this difficult time, your car accident attorney can help by:

  • Investigating the accident
  • Gathering evidence
  • Interviewing witnesses
  • Consulting with experts to accurately calculate damages and establish liability
  • Filing paperwork
  • Handling all communication with the insurance company or defense attorney
  • Filing a lawsuit
  • Representing you in court

What Auto Accident Damages Are Available?

When you file a lawsuit, you may be entitled to the following types of economic and non-economic damages:

  • Past and future medical care costs, such as hospitalization, rehabilitation, surgeries, medication, assistive medical devices and equipment, doctor’s appointments, etc.
  • Past, present, and future lost wages
  • Pain and suffering
  • Funeral and burial costs
  • Loss of quality of life
  • Temporary or permanent disability
  • Emotional distress
  • Loss of consortium
  • Loss of enjoyment of life

And more.

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If you or a loved one has been injured in an accident or have been injured by another party in some other way, we are here to stand up for your rights. Our personal injury attorneys have been representing injury victims and their families in Long Island and throughout the nation since the early 1980s.

What Are Common Causes Of Motor Vehicle Collisions in Florida?

The most common causes of auto accidents in Bonita Springs include:

  • Distracted driving
  • Speeding
  • Reckless driving
  • Driving under the influence of alcohol or drugs
  • Failure to yield
  • Following too closely
  • Unsafe lane changes
  • Failure to stop at red lights

Common Injuries Sustained in Motor Vehicle Collisions

At Parker Waichman LLP, our Bonita Springs auto accident lawyers have handled countless car accident cases that involved the following types of mild to life-changing injuries:

TBI
Traumatic brain injuries (TBIs)
spinal-cord-damage
Spinal cord damage
bone-fracture
Broken bones/bone fractures
nerve-damage
Nerve damage
neck-injuries
Neck injuries
back-injuries
Back injuries
arm-injuries
Leg and arm injuries
Burns
amputation
Loss of limb
bone-fracture
Crush injuries
Internal bleeding
road-rash
Whiplash
broken-or-dislocated-collarbone
Shoulder injuries

What is the Statute Of Limitations in Florida?

The statute of limitations in Florida for auto accident lawsuits is two years from the date of the accident. If you’re pursuing a lawsuit for wrongful death after losing a loved one in a car crash, you will have two years from the date of the death to take legal action. Failure to take action within this time frame can result in your case being dismissed. Because of this, you must contact an auto accident lawyer as soon as possible.

What Should I Do After An Auto Accident?

Following a motor vehicle collision, there are certain steps you must take to protect your health and legal rights:

  1. Contact 911 if anyone is injured. If no one sustained injuries, contact law enforcement.
  2. Obtain the other driver’s name, contact information, and insurance information. Do not apologize for the accident.
  3. Speak with law enforcement. Provide only the facts. Do not admit fault.
  4. If anyone witnessed the accident, obtain their name and contact information.
  5. Gather evidence. Take photos or video of the accident scene, vehicle damage, anything that may have contributed to the crash, and your injuries.
  6. Seek medical treatment as soon as possible, even if you feel fine. Certain types of accident injuries do not present signs or symptoms for several hours or days following a collision.
  7. Contact a car accident lawyer as soon as possible. At Parker Waichman LLP
    , our auto accident lawyers offer free consultations to discuss your case. When you hire a member of our legal team, they can investigate your accident and determine whether you can pursue additional compensation by filing a lawsuit.

Contact Us Today

If you were injured in a car accident that was caused by the negligence of another driver, you must take legal action. At Parker Waichman LLP, our experienced and knowledgeable auto accident lawyers will go above and beyond to help you pursue compensation for an accident that was not your fault. Contact us today to schedule a free consultation to learn more.

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