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Thousands of vehicle accidents are reported in Florida each year. While no one imagines getting injured in a car wreck, mishaps happen. Knowing the state laws will come in handy as you prepare to file a personal injury claim. Before that, you should consider seeking legal representation. If you want a free consultation, consider talking to see more information. For your help, here are a few vital details about Florida car accident laws.
Immediately after an accident
Florida laws require you to stop at the scene and help those who are injured. Make sure that you contact law enforcement right away if the estimated damage is worth $500 or more. Cooperate with the investigating officer and take pictures and videos of the scene unless your injuries prevent you from doing so.
Florida has a no-fault insurance system
What this essentially means is no matter who caused the accident, you are required to file a claim with your insurer. All motorists in the state are required to have PIP coverage. However, if your injuries meet certain criteria, you could file a lawsuit against the driver responsible for the wreck. The insurance company may call you for a settlement, but if you think that wouldn’t cover your losses, speak to an attorney to know what to do next.
Comparative Negligence
Accidents are often a result of negligence, and it is not rare to come across cases where more than one driver is responsible for the mishap. If your lawyer says you can step out of the no-fault insurance system, you should have evidence to prove the other party’s fault. However, if you had a share in the fault, that could make a big difference to the settlement. Florida follows the pure comparative rule, where you can seek a settlement even when you are more at fault, but your compensation will be proportionated according to your share of the blame.
Statute of Limitations
The statute of limitations is a state law which determines the deadline for personal injury and wrongful death claims. In Florida, you have four years to file a car accident lawsuit, counting from the accident date. The deadline is two years for wrongful death lawsuits.
Often, car accident claims are complex, and it only makes sense to have an attorney on your side so that you can get the advice you need to start the case. Make sure you hire the right lawyer who specializes in personal injury law.
