Car accident laws in Florida can be exceptionally confusing because of their no-fault stance. No-fault means that there is no fault or party responsible for the accident. In Florida, it doesn’t matter. But then there is the talk about the right to Sue laws that are available in Florida and may open the opportunity to seek a personal injury lawsuit against the at-fault party. What are Florida residents to think and believe after a crash?
The short answer is that you must always go through your personal injury protection insurance policy first. Then there may be an opportunity to pursue a lawsuit against the at-fault driver if certain conditions exist and certain compensation is necessary for a full recovery. It becomes a situation where every case is unique, and it is difficult to give one final answer to this question without knowing more about the crash and the drivers.
The Right to Sue Myth About No-Fault States
The general belief is that in no-fault states, drivers don’t have any right to sue someone who is responsible for their crash. For people attempting to recover after an accident, this can be very disheartening because your PIP insurance might not cover all of your damages. In fact, it’s likely that if you only have PIP insurance, none of your property damage can be compensated.
Additionally, PIP insurance reaches a maximum level of covering up to 80% of medical damages an only 60% of the time that you lost at work. You do have a right to Sue even in a no-fault state, although there might be certain restrictions, so it’s best to understand how the laws apply to your crash.
Florida Laws Surrounding Personal Lawsuits and Car Accidents
Florida does have laws that explore the idea of comparative fault and offer the opportunity to open tort lawsuits. Personal lawsuits and car accidents are not exclusive of one another. Personal injury attorneys may focus on dog bites, slip and fall accidents, and even workplace injuries. But car accidents apply as much to tort law as any other type of personal injury would.
So if another driver caused you extensive personal injury, you might consider speaking with an attorney that handles car accidents and personal lawsuits. Initially, a lot of car accident claims in Florida received quite a bit of scrutiny, but with a professional, you can push forward with a lawsuit if there was apparent negligence.
Extensive Recklessness, DUIs, and More
When there is clear evidence of extensive recklessness, such as driving under the influence, it is possible to claim for punitive damages. Punitive damages allow the victim to obtain a monetary award determined by a judge for the extent of the reckless act. For example, punitive damages are almost exclusive to DUI-related accidents, and those damages would serve as an additional punishment to the drunk driver.
Can You Find an Attorney to Take the Lawsuit?
It is always possible to find an attorney to take on a lawsuit that involves a negligent or extremely careless driver. However, you may need an attorney simply to manage your insurance claim because they often bring in the most amount of trouble. Insurance companies fight ruthlessly to avoid making payouts that they owe to their clients.
Attorneys will often take the lead with insurance claims by helping you go through the steps that most people don’t know about. For example, you have the right to submit a demand letter that includes all of your expenses and damages from the crash. Additionally, you may need to specify that you’re making a claim not only for PIP coverage but your collision coverage as well.
Winters Yonker Specializes as Florida Car Accident Lawyers
They can’t believe throughout Florida is that you can’t Sue someone because of a car accident. That clearly isn’t the case. Winters Yonker specializes in Florida car accident claims. Our team provides assistance to drivers and victims who need to file a PIP claim or submit a lawsuit against the at-fault driver for additional compensation, or recklessness. In short, if someone has harmed you and you are suffering and experiencing financial burden because of it, then you have a right to sue.
In Florida, that rules and laws might seem complex, but when you’re working with one of the skilled Florida injury attorneys at Winter Yonker, it will all become very clear. At a consultation, we can answer your questions about the possibility of a lawsuit and what to expect with your PIP claim.