Were you injured in a car accident in Florida? If so, you may be entitled to compensation for your medical expenses, lost income, and more. The best way to ensure a fair financial recovery is to hire an experienced Florida car accident lawyer.
The skilled legal team at Winters & Yonker Personal Injury Lawyers is here to provide immediate assistance. We have over 119 years of combined experience helping Florida accident victims get compensated for their losses. We know how to take on insurance companies and defense attorneys and get the results our clients deserve.
How Can Winters & Yonker Personal Injury Lawyers Help After a Car Accident in Florida?
Florida’s car insurance rules are complicated, and many people don’t understand their rights after a crash. What happens if your insurer denies your claim? What if your PIP policy doesn’t cover all of your damages?
That’s where an experienced Florida personal injury lawyer can help. At Winters & Yonker Personal Injury Lawyers, we know how to protect your right to full and fair compensation. We’ve helped our clients recover tens of millions of dollars since opening our doors in 2001.
If you hire our law firm for help after a Florida car crash, we’ll:
- Investigate the collision and gather evidence proving your claim
- Calculate the accurate value of your damages
- Promptly file all insurance claims and personal injury cases (if applicable)
- Negotiate a fair car accident settlement that fully compensates you
- Represent you in court and at trial if we cannot settle your case for a reasonable amount
Don’t walk away with less than you deserve. Call now to schedule a free initial consultation with a skilled and knowledgeable Florida car accident attorney.
Florida Car Accident Statistics
Motor vehicle accidents are a common occurrence on Florida roads and highways. In 2022, the state reported 396,478 crashes, which injured 251,911 and killed 3,529.
Those accidents included:
- 10,159 pedestrian accidents
- 7,237 bicycle accidents
- 9,252 motorcycle accidents
- 106,980 hit-and-run crashes
- 6,157 crashes involving drugs and/or alcohol
As of September 2, 2023, the state of Florida has experienced 255,177 crashes, causing 162,491 injuries and 2,154 fatalities.
What Causes Most Car Crashes in Florida?
Like most other types of accidents, car crashes typically result from a party’s negligent actions. Most drivers don’t intend to injure another person, but they can still be held accountable for the damages they cause.
Some common causes of Florida motor vehicle accidents include:
- Distracted driving, including eating and texting
- Fatigued driving
- Running stop signs and traffic lights
- Failing to yield the right-of-way to others
- Aggressive or reckless driving, such as tailgating or brake checking
- Driving under the influence of drugs
- Drunk driving
- Unsafe or illegal lane changes
While less common, some auto accidents result from something other than driver error.
For example, a defective tire, airbag, or auto part may cause an accident. In that case, you may be able to hold the manufacturer responsible by filing a product liability claim against them. Or, a government agency may be liable for an unreasonably hazardous road defect.
What Is the Value of My Florida Car Accident Claim?
Most people understandably want to know what their personal injury claim is worth. However, we cannot give an exact value without speaking with you and learning more about your accident and injuries.
When we’re evaluating your case, we’ll look at:
- The severity of your harm
- Whether you’ve suffered permanent impairment or disability
- The expenses you’ve incurred for medical care
- The impact of your injuries on your employment
- Whether you share fault for causing the crash
- The psychological impact of the accident on your everyday life
- Whether you can step outside Florida’s no-fault auto insurance system and pursue damages from another party
Our personal injury attorneys in Florida will investigate your collision and identify all avenues for potential compensation. We want to make you financially whole again.
What Compensation Is Available After an Auto Accident in Florida?
When you file a claim with your personal injury protection (PIP) insurer, you can only recover compensation for a portion of your lost wages and medical bills.
However, if your accident-related expenses exceed your PIP policy limits or you suffer serious injuries, you may be able to pursue additional compensation from the at-fault driver.
In that case, you can seek compensation covering all your economic and non-economic losses.
Economic damages are the financial costs of your car accident and injuries, such as:
- Past medical bills for ER services, doctor’s visits, and treatment
- Future medical costs
- Physical therapy
- Out-of-pocket expenses
- Lost wages
- Reduced earning capacity
- Property damage to your vehicle and belongings
Non-economic damages don’t have a clear dollar value but are just as important in many cases; they might include:
- Pain and suffering
- Emotional distress, such as PTSD
- Permanent disfigurement or scarring
- Diminished quality of life
- Loss of companionship
In some cases, a Florida court may award punitive damages to punish a defendant for intentional or grossly negligent behavior. For example, if a drunk driver struck your vehicle and caused a permanent disability, a judge may grant these damages.
Common Car Accident Injuries
Car accidents can range from minor fender benders to catastrophic collisions, resulting in various types of injuries.
At Winters & Yonker Personal Injury Lawyers, we’ve helped crash victims who have suffered:
- Fractured and broken bones
- Soft tissue injuries, such as sprains and whiplash
- Traumatic brain injuries, including concussions
- Dental injuries
- Nerve damage
- Chest injuries
- Internal organ damage
- Paralysis and other spinal cord injuries
- Back injuries
- Neck injuries
In the most severe crashes, the car accident victim loses their life. We can help you pursue a wrongful death claim if you tragically lost a loved one in a Florida collision.
How Do I Prove My Florida Car Accident Case?
Most car accidents result from carelessness. If you’re able to step outside of Florida’s no-fault system (which doesn’t require you to prove fault), you’ll need to prove another party’s negligence.
That means demonstrating the following elements:
- They owed you a duty of care, such as the obligation to drive carefully and follow state traffic laws
- They breached their duty by acting carelessly, such as by speeding
- The breach directly caused the collision
- You sustained damages
The following types of evidence can help you prove negligence in a Florida car accident case:
- Police report
- Medical records
- Eyewitness statements
- Dash cam footage
- Physical evidence
- Surveillance, photos, and videos
- Expert witness opinions from accident reconstruction specialists and others
Our experienced Florida accident attorneys can help you prove your case.
Can I Receive Compensation If I’m Partially At Fault for a Car Crash in Florida?
The answer to this question depends on your level of blame. Florida law implements a modified comparative fault law with a 51% bar to monetary recovery.
If multiple parties share responsibility for a traffic crash, each is assigned a percentage. If your percentage exceeds 50%, you cannot recover money for your damages from another party.
However, if your level of negligence is 50% or less, you can receive a reduced award. For example, say you’re 40% responsible for a collision because you were distracted. You’d be entitled to 60% of your awarded damages.
If you’re being blamed for a collision, be sure to seek legal assistance, especially if you don’t think you were at fault. Other parties may try to shift blame to you to reduce their own financial liability.
What Should I Do After a Car Accident in Florida?
A collision often leaves people shaken up and disoriented. However, you should take certain steps to protect your health and rights.
Here are some things to remember:
- Stop at the accident scene and exchange information with other people involved.
- Check for injuries.
- Call 911 to report the crash. Request an ambulance if anyone is hurt.
- If possible, gather evidence. Take pictures and videos of the damage, traffic conditions, and other relevant items. Ask eyewitnesses for their contact information.
- Don’t apologize or admit fault. You never know if other contributing factors led to the crash.
- Seek medical attention, even if you don’t think you’ve suffered an injury. You may have internal injuries, or your adrenaline may be masking your pain.
Before talking to an insurance adjuster, we recommend scheduling a free consultation to speak with an attorney. You may require legal representation, and it’s best to let your Florida lawyer handle communications with insurers.
What Does It Cost To Hire a Car Accident Lawyer in Florida?
Most car accident attorneys in Florida take cases on a contingency fee basis. As a client, you won’t need to pay any upfront costs for your lawyer to begin representing you. Your attorney’s fees will depend on the outcome of your case and will be deducted from your awarded compensation.
If your attorney doesn’t secure a settlement or verdict on your behalf, you won’t be responsible for paying their fees.
How Long Do I Have To File a Car Accident Lawsuit in Florida?
A lawsuit is different from a claim. To receive medical benefits under your PIP insurance coverage, you must receive medical treatment within 14 days of the collision. You should file your PIP insurance claim as soon as possible to avoid unnecessary delays.
If you’re entitled to file a case against the at-fault party, you’ll need to monitor Florida’s statute of limitations. It generally gives you two years from the crash date to file a personal injury lawsuit. That means if you don’t take legal action by the second anniversary of your car accident, you’ll be unable to seek compensation from the other party through the court system.
There may be exceptions to this time frame. Therefore, we highly recommend that you reach out to a Florida personal injury attorney to preserve your legal rights.
Schedule a Free Initial Consultation With Our Experienced Florida Car Accident Lawyers
If you were hurt in a Florida crash, Winters & Yonker Personal Injury Lawyers is here to assist. We’ll put 119+ years of combined experience to work for you to get the compensation you deserve.
Contact us today for a free case evaluation to discuss your car accident case with a skilled personal injury lawyer in Florida.